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Hill v. State

Court of Appeals of Georgia
Nov 20, 1980
275 S.E.2d 104 (Ga. Ct. App. 1980)

Opinion

60842.

ARGUED OCTOBER 2, 1980.

DECIDED NOVEMBER 20, 1980.

Voluntary manslaughter. Fulton Superior Court. Before Judge Tanksley, Senior Judge.

Vernon S. Pitts, Jr., for appellant.

Lewis R. Slaton, District Attorney, Benjamin H. Oehlert, III, Joseph J. Drolet, Assistant District Attorneys, for appellee.


John Hill appeals from his conviction of manslaughter following the denial of his motion for a new trial.

1. The trial court did not err in refusing to give appellant's request to charge number 5. This was a request for a charge on Code Ann. § 26-901 — Justification as a defense. The court, however, charged Code Ann. § 26-902 — Use of force in defense of self or others including justifiable homicide. Appellant's defense of justification was adequately included in the court's charge. McCane v. State, 147 Ga. App. 730 ( 250 S.E.2d 181) (1978).

2. Appellant also asserts the general grounds. "After review of the entire record, we find that a rational trier of fact could reasonably have found from the evidence adduced at trial proof of guilt of the defendant beyond a reasonable doubt. Jackson v. Virginia, [443] U.S. [307] (99 SC 2781, 61 L.Ed.2d 560) (1979)." Brown v. State, 152 Ga. App. 144, 145 ( 262 S.E.2d 510) (1979).

Judgment affirmed. Birdsong and Sognier, JJ., concur.

ARGUED OCTOBER 2, 1980 — DECIDED NOVEMBER 20, 1980.


Summaries of

Hill v. State

Court of Appeals of Georgia
Nov 20, 1980
275 S.E.2d 104 (Ga. Ct. App. 1980)
Case details for

Hill v. State

Case Details

Full title:HILL v. THE STATE

Court:Court of Appeals of Georgia

Date published: Nov 20, 1980

Citations

275 S.E.2d 104 (Ga. Ct. App. 1980)
275 S.E.2d 104

Citing Cases

Brown v. State

His defense of justification therefore was fully included in the charge on self defense. Hill v. State, 156…