Opinion
16923.
FEBRUARY 14, 1950.
Murder. Before Judge D. S. Atkinson. Chatham Superior Court. September 27, 1949.
James N. Rahal, for plaintiff in error.
Eugene Cook, Attorney-General, Andrew J. Ryan Jr., Solicitor-General, Sylvan Garfunkel, and Herman W. Coolidge, contra.
1. The first two grounds of the amended motion assert error in the admission of testimony, but omit to specify the testimony and fail to show what objection was made to its introduction. Under repeated rulings of this court, such is not a proper assignment of error and cannot be considered. Hassell Powell v. Woodstock Iron Works, 137 Ga. 636 (1) ( 73 S.E. 1052); Georgia Florida Railway Co. v. Stapleton, 143 Ga. 46 (1, 2) ( 84 S.E. 120); Clifton v. State, 187 Ga. 502 (3) ( 2 S.E.2d 102); McCrary v. Salmon, 192 Ga. 313 (2) ( 15 S.E.2d 442); Huntsinger v. State, 200 Ga. 127 (2) ( 36 S.E.2d 92).
2. Where it is shown that the homicide occurred at 796 East Hall Lane in Savannah, Chatham County, Georgia, venue is properly established. Shepherd v. State, 203 Ga. 635 (1) ( 47 S.E.2d 860), and citations.
3. There being no evidence to show that the deceased was attacking the property or habitation of the accused at the time of the homicide, the court did not err in failing to charge Code § 26-1013. Rushing v. State, 135 Ga. 224 (2) ( 69 S.E. 171); Rouse v. State, 136 Ga. 356 (2) ( 71 S.E. 667); Devereaux v. State, 140 Ga. 225 (6) ( 78 S.E. 849); Brannon v. State, 140 Ga. 787 (4) ( 80 S.E. 7).
4. The last ground of the amended motion is covered by the general grounds.
5. The evidence was sufficient to authorize the verdict.
Judgment affirmed. All the Justices concur.
No. 16923. FEBRUARY 14, 1950.
Thomas Williams was convicted of the murder of Herman Dunn by shooting him with a pistol, and sentenced to be electrocuted. The homicide took place on the porch of the home of Henry Samuels Sr. No one saw the shooting. Immediately prior to the homicide, the deceased, the accused, and others were in the home of Henry Samuels Jr., who lived next door to his father. From the evidence it would seem the houses were adjoining or else very close to one another. While in the home of Henry Samuels Jr., the accused was cursing, and the wife of Henry Samuels Jr. told him to leave and shoved him out of the door. She then heard Henry Samuels Sr. say: "Thomas, did I not tell you to stay away from my house?" She then heard some words between them. The deceased, who had also gone on the outside to get Henry Samuels Sr., who was paralyzed, back into his house, was shot as he entered the door, and fell into the house of Henry Samuels Sr.
The accused was arrested about two hours after the shooting and made a statement. The facts of the killing as related by the accused contained no circumstance of justification or mitigation. In his statement to the jury he claimed self-defense.