Vinson v. State
Supreme Court of Georgia
Indictment for shooting at another. Before Judge Wright. Polk superior court. October 25, 1905. At the trial the accused' made a statement to the jury, in which he said that the shooting was done to save his life, the person at whom he shot having shot' at him with a pistol. No reference to the statement of the accused was made by the court in charging the jury.
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Indictment for shooting at another. Before Judge Wright. Polk superior court. October 25, 1905. At the trial the accused' made a statement to the jury, in which he said that the shooting was done to save his life, the person at whom he shot having shot' at him with a pistol. No reference to the statement of the accused was made by the court in charging the jury. The accused was convicted, and one of the grounds of his motion for a new trial, tbe overruling of which is assigned as error, was the failure to charge the jury as to his statement.
1Opinion of the CourtCaktdler, J.
“It is the duty of the presiding judge to instruct the jury substantially in the terms of the statute touching the prisoner’s statement, when he makes a statement, and in no case should this be omitted.” The failure to so charge will be cause for a new trial, except where it is manifest from the record that the accused was not injured thereby. This did not appear in the present case. McCord v. State, 83 Ga. 535(7); Vaughn v. State, 88 Ga. 731(4) ; Doster v. State, 93 Ga. 43(4).
Judgment reversed.
All the Justices eoneur. O. G. Janes and Bunn & Trawiclc, for plaintiff in error, W. K, Fielder,…
2Cases cited3 opinions
- Vaughn v. StateSupreme Court of Georgia · 1892
- Doster v. StateSupreme Court of Georgia · 1893
- McCord v. StateSupreme Court of Georgia · 1889
3Cited by1 opinion
- Whitehead v. StateCourt of Appeals of Georgia · 1932