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Jernigan v. State

Court of Appeals of Georgia
Sep 21, 1971
184 S.E.2d 487 (Ga. Ct. App. 1971)

Opinion

46420.

ARGUED SEPTEMBER 7, 1971.

DECIDED SEPTEMBER 21, 1971. REHEARING DENIED OCTOBER 7, 1971.

Voluntary manslaughter. Wheeler Superior Court. Before Judge McMurray from Cordele Circuit.

H. Dale Thompson, for appellant.

Albert D. Mullis, District Attorney, Smith Harrington, Will Ed Smith, for appellee.


The defendant was charged with murder and convicted of voluntary manslaughter and sentenced to a term of fifteen years. The motion for new trial was overruled and an appeal was entered to this court. Held:

1. The evidence was sufficient to authorize the verdict.

2. The defendant having admitted she shot the deceased, there was no error in giving the following charge: "I charge you that an admission, as applied to a criminal case, is a statement by the defendant of a fact or facts pertinent to the issue and tending in connection with other facts or circumstances to prove the guilt of the defendant, but which of itself is not enough to authorize a conviction. I charge you further that all admissions shall be scanned with care." Nor was said charge argumentative, incorrect as an abstract principle of law, or incomplete.

3. No harmful error is shown by any of the other enumerations of error properly before this court for review. See in this connection Crider v. State, 115 Ga. App. 347 (1) ( 154 S.E.2d 743); Strickland v. English, 115 Ga. App. 384 (2) ( 154 S.E.2d 710).

Judgment affirmed. Bell, C. J., and Deen, J., concur.

ARGUED SEPTEMBER 7, 1971 — DECIDED SEPTEMBER 21, 1971 — REHEARING DENIED OCTOBER 7, 1971 — CERT. APPLIED FOR.


Summaries of

Jernigan v. State

Court of Appeals of Georgia
Sep 21, 1971
184 S.E.2d 487 (Ga. Ct. App. 1971)
Case details for

Jernigan v. State

Case Details

Full title:JERNIGAN v. THE STATE

Court:Court of Appeals of Georgia

Date published: Sep 21, 1971

Citations

184 S.E.2d 487 (Ga. Ct. App. 1971)
124 Ga. App. 564