Etier v. State

Full title: ETIER v. THE STATE

Court: Court of Appeals of Georgia

Date published: Nov 9, 1976

231 S.E.2d 141 (Ga. Ct. App. 1976)

231 S.E.2d 141

Opinion

52940.

SUBMITTED OCTOBER 13, 1976.

DECIDED NOVEMBER 9, 1976.

Voluntary manslaughter. Fulton Superior Court. Before Judge Shaw.

Robert C. Ray, for appellant. Lewis R. Slaton, District Attorney, Joseph J. Drolet, Russ Parker, Assistant District Attorneys, for appellee.

QUILLIAN, Presiding Judge.

The defendant appeals her conviction of voluntary manslaughter. Held:

1. The evidence authorized a charge on voluntary manslaughter. See Cornog v. State, 130 Ga. App. 46 (1) ( 202 S.E.2d 257); Powell v. State, 130 Ga. App. 588 (4) ( 203 S.E.2d 893).

2. "A `ground which complains of that part of the charge which stated the law requested by the defendant ... is necessarily without merit.' Freedman v. Petty, 93 Ga. App. 590, 592 ( 92 S.E.2d 588)." Gale v. State, 138 Ga. App. 261, 266 (6) ( 226 S.E.2d 264). There is no merit to the argument that the trial judge did not clearly present and allocate the instructions on affirmative defenses requested by the defendant.

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

SUBMITTED OCTOBER 13, 1976 — DECIDED NOVEMBER 9, 1976.