Webb v. State

1. “Tlie Supreme Court ‘has frequently decided that the judge may construct his charge upon the various issues made by the evidence; and that, if a defense is' set up in the statement alone, it is not error for the judge to omit submitting the law appropriate to such defense, in the absence of a timely written request.’ Watson v. State, 136 Ga. 236, 239 (71 S. E. 122); Carter v. State, 15 Ga. App. 343 (83 S. E. 153); Wilensky v. State, 15 Ga. App. 360 (83 S. E. 276).” Gilley v. State, 72 Ga. App. 197 (33 S. E. 2d, 560).

Decided April 25, 1946. W. J. Wallace, for plaintiff in error. Charles H.…