Booker v. State

Luther Booker was indicted for the murder of Bichard Ilarpe. The jury trying him returned a verdict of guilty, with recommendation to the mercy of the court; and he was sentenced to the penitentiary for life. He filed a motion for new trial on various grounds, which was overruled, and he excepted.

1. The first ground of the amended motion complains that the court erred in not charging the jury the law of voluntary manslaughter as defined in § 65 of the Penal Code of Georgia, which is as follows: “ In all cases of voluntary manslaughter, there must be some actual assault upon the person…