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Brown v. State

Court of Appeals of Georgia
May 9, 1977
235 S.E.2d 671 (Ga. Ct. App. 1977)

Opinion

53764.

SUBMITTED APRIL 5, 1977.

DECIDED MAY 9, 1977.

Voluntary manslaughter. Floyd Superior Court. Before Judge Frazier.

Fuller Schiller, Kenneth C. Fuller, for appellant.

F. Larry Salmon, District Attorney, Robert D. Englehart, Assistant District Attorney, for appellee.


Defendant was tried for murder but was convicted of voluntary manslaughter and sentenced. Held:

1. Charging the jury on the contentions of the defendant is not a burden shifting charge under our decision in Moran v. State, 139 Ga. App. 274 ( 228 S.E.2d 216). The holdings on this issue found in Henderson v. State, 134 Ga. App. 898, 900 ( 216 S.E.2d 696) and Graham v. State, 135 Ga. App. 825 ( 219 S.E.2d 477), relied on by defendant, were specifically overruled by Moran v. State, supra.

2. The court concluded its charge with a recharge on the law as to voluntary manslaughter and justifiable homicide. A mere repetition of a principle of law, while unnecessary, will not work a reversal unless it appears from the charge as a whole that there was such undue emphasis as to result in an unfair statement of the law in relation to the defendant's rights. Baker v. State, 88 Ga. App. 894, 895 ( 78 S.E.2d 357). In the instant case, the reiteration was as to the lesser included offense of the crime charged in the indictment and as to the defendant's sole defense — both favorable to the defendant. When the charge is read as a whole, we cannot say that it confused or misled the jury or in any manner resulted in an unfair statement of the law as it relates to defendant.

Judgment affirmed. McMurray and Smith, JJ., concur.

SUBMITTED APRIL 5, 1977 — DECIDED MAY 9, 1977.


Summaries of

Brown v. State

Court of Appeals of Georgia
May 9, 1977
235 S.E.2d 671 (Ga. Ct. App. 1977)
Case details for

Brown v. State

Case Details

Full title:BROWN v. THE STATE

Court:Court of Appeals of Georgia

Date published: May 9, 1977

Citations

235 S.E.2d 671 (Ga. Ct. App. 1977)
235 S.E.2d 671

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