Smith v. State

1. In this case the jury, upon an indictment for murder, returned a verdict finding the plaintiff in error guilty of “manslaughter.” One ground of his motion for a new trial alleges that this verdict “is too vague, indefinite, and uncertain to authorize sentence and judgment,” but in his bill of exceptions, which assigns error upon the overruling of the motion, he says the jury rendered a verdict of guilty of “voluntary manslaughter.” The construction thus finally placed on the verdict by the accused himself is in exact accord with the decision of this court in Welch v. State, 50 Ga. 128.

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