Witt v. State

Mobley, Chief Justice.

Larry Witt was indicted for murder and convicted of voluntary manslaughter. His conviction was affirmed by the Court of Appeals. Witt v. State, 128 Ga. App. 645 (197 SE2d 401). This court granted certiorari to review a ruling by the Court of Appeals in regard to the charge to the jury.

In the fourth division of its opinion the Court of Appeals quoted from Waller v. State, 102 Ga. 684 (1) (28 SE 284), where it was held that it was "erroneous to sum up the contentions of the accused, the same, if true, making a clear case of justifiable homicide, without distinctly…