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Colbert v. State

Supreme Court of Georgia
Oct 27, 1982
296 S.E.2d 588 (Ga. 1982)

Opinion

39134.

DECIDED OCTOBER 27, 1982.

Murder. Stephens Superior Court. Before Judge Gunter.

Dan T. Pressley, Sr., for appellant.

V. D. Stockton, District Attorney, W. Brek Barker, Assistant District Attorney, Michael J. Bowers, Attorney General, Janice G. Hildenbrand, Staff Assistant Attorney General, for appellee.


In his appeal from his conviction of murder, for which he received a life sentence, James Doyle Colbert urges as his sole enumerated error the trial judge's failure to charge, without a written request, on involuntary manslaughter.

"[I]n the absence of a written request, failure to charge the lesser included offenses of voluntary or involuntary manslaughter is not error. [Cits.]" Foster v. State, 248 Ga. 409, 410 (1) ( 283 S.E.2d 873) (1981).

Moreover, even had there been a written request, "it is not necessary to give a request to charge the law as to involuntary manslaughter, Code § 26-1103 (b), where the defendant asserts that he or she fired a gun in self-defense." Crawford v. State, 245 Ga. 89, 94 (3) ( 263 S.E.2d 131) (1980); Farmer v. State, 246 Ga. 253 (2) ( 271 S.E.2d 166) (1980).

Judgment affirmed. All the Justices concur.


DECIDED OCTOBER 27, 1982.


Summaries of

Colbert v. State

Supreme Court of Georgia
Oct 27, 1982
296 S.E.2d 588 (Ga. 1982)
Case details for

Colbert v. State

Case Details

Full title:COLBERT v. THE STATE

Court:Supreme Court of Georgia

Date published: Oct 27, 1982

Citations

296 S.E.2d 588 (Ga. 1982)
296 S.E.2d 588

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