Lawton v. State

Full title: LAWTON v. THE STATE

Court: Court of Appeals of Georgia

Date published: Feb 10, 1972

188 S.E.2d 869 (Ga. Ct. App. 1972)

188 S.E.2d 869

Opinion

46812.

SUBMITTED JANUARY 10, 1972.

DECIDED FEBRUARY 10, 1972. REHEARING DENIED MARCH 6, 1972.

Voluntary manslaughter. Irwin Superior Court. Before Judge Gray.

Haas, Holland, Levison Gibert, Andrew C. Hall, Ben B. Mills, Jr., for appellant.

W. J. Forehand, District Attorney, for appellee.

QUILLIAN, Judge.

The appellant was tried for the offense of murder and was convicted of voluntary manslaughter. The appellant filed a motion for a new trial on the general grounds which was overruled and the case is here for review. Held:

There was evidence that both the deceased and the appellant had a pistol in their possession at the time the deceased was killed; that the appellant was seen getting out of his car with his pistol in his right hand walking straight toward the deceased; that the appellant shot the deceased; that the deceased was never seen reaching for his pistol; that the deceased's arms were down by his side at the time he was shot. There was sufficient evidence to support the verdict. Spradlin v. State, 90 Ga. App. 97, 103 ( 82 S.E.2d 238).

Judgment affirmed. Hall, P. J., and Pannell, J., concur.

SUBMITTED JANUARY 10, 1972 — DECIDED FEBRUARY 10, 1972 — REHEARING DENIED MARCH 6, 1972.