Goolsby v. State

1. In the trial of a defendant charged with murder, where the defense of justifiable homicide was relied on, on the ground that at the time of the fatal shot the deceased was shooting at the accused with a pistol, an inaccuracy in charging section 70 of the Penal Code, • defining justifiable homicide, by the use of the words, “manifestly intends and endeavors,” instead of the words, “manifestly intends or endeavors,” will not require the grant of a new trial.(a) In the case of Taylor v. State, 131 Ga. 765 (63 S. E. 296), relied on by the defendant, it was not held that such an inaccuracy…