Murray v. State, 227 S.E.2d 428 (Ga. Ct. App. 1976). · Go Syfert
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Murray v. State, 227 S.E.2d 428 (Ga. Ct. App. 1976). Cases Citing This Book View Copy Cite
6 citation events across 1 distinct court.
Strongest positive: Futch v. State (gactapp, 1979-09-07)
Top citers, strongest first. 3 distinct citers.
discussed Cited as authority (rule) Futch v. State
Ga. Ct. App. · 1979 · confidence medium
Based upon the recent decisions of Lavender v. State, 234 Ga. 608 ( 216 SE2d 855 ), Kesler v. State, 235 Ga. 251, 254 ( 219 SE2d 145 ) and Murray v. State, 138 Ga. App. 776, 777 ( 227 SE2d 428 ), it was not necessary for the trial court to instruct the jury that if the acts of the defendant were justified, then the jury could find him not guilty.
discussed Cited as authority (rule) Brown v. State
Ga. Ct. App. · 1979 · confidence medium
Kerbo v. State, 230 Ga. 241, 243 ( 196 SE2d 424 ); Davis v. State, 93 Ga. App. 253, 254 (3) ( 91 SE2d 316 ); Birdsong v. State, 140 Ga. App. 719 ( 231 SE2d 813 ); Burch v. State, 141 Ga. App. 173 (3) ( 233 SE2d 31 ); Murray v. State, 138 Ga. App. 776, 777 (3) ( 227 SE2d 428 ). 2.
discussed Cited as authority (rule) Curtis v. State
Ga. Ct. App. · 1977 · confidence medium
The defense was based upon Ms. Curtis’ assertion that McNair would have beat her had she not shot him; she admitted that there was a homicide and that she shot him." 'Whenever a homicide is neither justifiable nor malicious, it is manslaughter, and, if intentional, is voluntary manslaughter.’ [Cits.] In the present case, if the homicide was neither accidental nor malicious it was intentional, and therefore was voluntary manslaughter.” Gainey v. State, 132 Ga. App. 870 (1) ( 209 SE2d 687 ) (1974). "[I]f there be any evidence, however slight, as to whether the offense is murder or manslaug…
Murray
v.
the State
52085.
Court of Appeals of Georgia.
May 6, 1976.
227 S.E.2d 428
Van Cheney, for appellant., John W. Underwood, District Attorney, Dupont K. Cheney, Assistant District Attorney, for appellee.
Webb, Deen, Quillian.
Cited by 3 opinions  |  Published
Webb, Judge.

Ricky Murray was indicted for murder and convicted of voluntary manslaughter. This appeal followed.

1. Murray contends that it was error for the court to admit into evidence photographs showing the body of the deceased where he fell after Murray shot him. It is urged that the defense was prepared to stipulate the fact of the homicide, that Murray did the shooting, and anything else the photographs depicted so that they added nothing[*777] of probative value to the record and would only inflame the minds of the jury. This issue has been decided adversely to Murray’s contention. Henderson v. State, 227 Ga. 68, 79 (5) (179 SE2d 76) and cits.; Trask v. State, 132 Ga. App. 645, 646 (4) (208 SE2d 591) and cits.

2. The court charged verbatim, as requested by Murray, Criminal Code § 26-903, relating to defense of habitation as a justification for homicide. Complaint is now made that the court did not go further and explicitly charge that the jury must acquit if they found the defendant justified under that Code section. In accordance with the latest pronouncement by the Supreme Court, no reversible error appears. Lavender v. State, 234 Ga. 608, 609 (2) (216 SE2d 855), overruling prior cases to the contrary. Accord, Kesler v. State, 235 Ga. 251, 254 (219 SE2d 145).

3. Murray argues that the evidence did not authorize the charge to the jury on, and the conviction for, voluntary manslaughter. The victim entered Murray’s trailer and threatened and struck him, was locked outside, and then broke back in and was shot. It is contended that an interval of time elapsed between the provocation and the killing "sufficient for the voice of reason and humanity to be heard” (Criminal Code § 26-1102) so that the killing was either murder or justifiable homicide. However, the interval appears to be short, and Criminal Code § 26-1102 provides that "the jury in all cases shall be the judge” of this matter. The contention made here was also made in Hancock v. State, 131 Ga. App. 485, 488 (206 SE2d 104), where we said: " 'On the trial of a murder case, if there be any evidence, however slight, as to whether the offense is murder or voluntary manslaughter, instruction as to the law of both offenses should be given the jury.’ ” Accord, White v. State, 129 Ga. App. 353 (1) (199 SE2d 624). "The trial judge . . . may, of his own volition and in his discretion, charge on a lesser crime of that included in the indictment or accusation.” State v. Stonaker, 236 Ga. 1, 2 (222 SE2d 354). "Since the wife’s testimony shows at most, murder, and the defendant’s testimony shows at most, justification, the grade of offense was for the jury to determine by sifting the evidence.” McManus v. State, 130[*778] Ga. App. 840, 841 (204 SE2d 813).

Submitted April 13, 1976 Decided May 6, 1976 Rehearing denied May 26, 1976 Van Cheney, for appellant. John W. Underwood, District Attorney, Dupont K. Cheney, Assistant District Attorney, for appellee.

4. Remaining enumerations have not been argued and are deemed abandoned. Rule 18 (c) (2), this court; Carney v. State, 134 Ga. App. 816 (216 SE2d 617).

Judgment affirmed.

Deen, P. J., and Quillian, J., concur.