McDonald v. State
Court of Appeals of Georgia
Conviction of manslaughter; from Fulton superior court—Judge Hill. December 5, 1917. The defendant was indicted for murder and was found guilty of voluntary manslaughter. He was charged with killing a China-man named Jung. He filed'a motion for a new trial upon a number of grounds.
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Conviction of manslaughter; from Fulton superior court—Judge Hill. December 5, 1917. The defendant was indicted for murder and was found guilty of voluntary manslaughter. He was charged with killing a China-man named Jung. He filed'a motion for a new trial upon a number of grounds. In the 1st, 2d, 3d,’ and 4th special grounds exception is taken to the following excerpts from the charge of the court: 1. “Murder is the unlawful killing of a human being in the peace of the State by a person of sound memory and discretion, with malice aforethought, either express or implied. Murder is not the…
1Opinion of the CourtHarwell, J.
(After stating the foregoing facts). The 5th special ground of the motion for a new trial is as follows: “Because the court erred, as movant avers, in failing, and declining to submit to the jury the question of whether or not the defendant was guilty of involuntary manslaughter in the' commission of an unlawful act, and in failing and declining to instruct the jury as to the law upon this subject. "It is stated as a matter of fact that a written request was presented on behalf of the defendant for this charge, which request was submittted before the beginning of the general charge.” The…
2Cases cited16 opinions
- Jackson v. StateSupreme Court of Georgia · 1886
- Crawford v. StateSupreme Court of Georgia · 1893
- Ray v. StateSupreme Court of Georgia · 1854
- Dorsey v. StateSupreme Court of Georgia · 1906
- Taylor v. StateSupreme Court of Georgia · 1899
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3Cited by3 opinions
- Greenway v. StateCourt of Appeals of Georgia · 1939
- Smith v. StateCourt of Appeals of Georgia · 1934
- Smallwood v. StateCourt of Appeals of Georgia · 1932