Darden v. State

Moses, Marcellus, and Stephen Darden were jointly indicted for the murder of Chesley Davis. Moses and Marcellus were previously and separately tried and convicted, and the judgments overruling their motions for new trial were affirmed. Darden v. State, 171 Ga. 160, 848 (155 S. E. 38, 157 S. E. 48). Subsequently Stephen Darden was separately tried and found guilty, with recommendation to life imprisonment. He moved for a new trial upon the general grounds, and on several special grounds.

Complaint is made that the court erred in refusing to give in charge to the jury the following instruction…