Bell v. State

1. In charging the jury in a criminal case it is error under the Penal Code (1910), § 1058, for the court “to assume or seem to assume that a transaction was a crime.” Freeman v. State, 158 Ga. 369 (4) (123 S. E. 126) ; Minor v. State, 58 Ga. 551 (3); Phillips v. State, 131 Ga. 426 (62 S. E. 239).(a) Where, as in this ease, the defendant admits that he killed the deceased with a pistol, but in no way admits that the killing was a crime, and contends in his statement (a) that he fired the fatal shot under a real or apparent necessity to prevent a felony from being committed upon him, and (h)…