Geer v. State

Hutcheson, Justice.

1. The evidence in behalf of the State tended to show that the accused murdered the deceased by shooting her with a pistol. The defendant pleaded not guilty, and defended on the ground of insanity. In such circumstances the instruction to the jury on the law of justifiable homicide, if not applicable to any theory of the case, was not harmful to the defendant, and therefore was not cause for a new trial. Tate v. State, 46 Ga. 148; Cato v. State, 72 Ga. 747 (3); Caison v. State, 171 Ga. 1 (8) (154 S. E. 337); Ward v. State, 184 Ga. 566 (191 S. E. 916). Compare Garland v.…