Legal Opinion

Banks v. State

Court of Appeals of Georgia

Decided September 5, 1972No. 47178PublishedCited by 1 opinion

1Opinion of the Court

Pannell, Judge.

1. If the evidence, or the defendant’s statement, or portions of the evidence and portions of the statement combined, raise a doubt, however slight, as to whether the homicide is murder or voluntary manslaughter, the court should instruct the jury on the law of voluntary manslaughter. Campbell v. State, 204 Ga. 399, 401 (40 SE2d 867); Mincey v. State, 27 Ga. App. 4, 6 (107 SE 546); Tucker v. State, 61 Ga. App. 661 (7 SE2d 193). The evidence in the present case amply met the above requirements and the court did not err in charging the jury on voluntary manslaughter.

2. The court…

2Cases cited5 opinions

  1. Hardin v. StateSupreme Court of Georgia · 1899
  2. Campbell v. StateSupreme Court of Georgia · 1948
  3. Lott v. StateCourt of Appeals of Georgia · 1916
  4. Mincey v. StateCourt of Appeals of Georgia · 1921
  5. Tucker v. StateCourt of Appeals of Georgia · 1940

3Cited by1 opinion

  1. Cochran v. StateCourt of Appeals of Georgia · 1978

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