Spencer v. State

Duckworth, Chief Justice.

Nathaniel Spencer was indicted, tried, and convicted in Cobb Superior Court of murder, and the jury failed to return a recommendation for mercy. Thereafter, the defendant filed a motion for new trial which was subsequently amended and, after a hearing, denied. The exception is to that judgment. Held:

1. Justifiable homicide being a substantive and affirmative defense placed in issue by the evidence, and the court having failed to charge, either in specific or general terms, that it was the duty of the jury to acquit the defendant if they believed the defendant…