French v. State

Broyles, O. J.

1. Where one on trial for murder is convicted of voluntary manslaughter (such conviction being equivalent to an acquittal of the charge of murder: Jordan v. State, 22 Ga. 545 (9) ), the erroneous admission of illegal evidence tending to show that the homicide was murder is not cause for a new trial. Pyle v. State, 4 Ga. App. 811 (5), 817, 818 (62 S. E. 540). See also, in this connection, Griggs v. State, 38 Ga. App. 258 (2) (143 S. E. 608), and cit.

2. Special grounds 1 and 2 of the motion for a new trial in the instant case complain of the admission in evidence of certain…