lawskills
Loading
Did you know you can download our entire database for free?


Resources
[more] 

Georgia Caselaw:
Browse
Greatest Hits

Georgia Code: Browse

(external) Findlaw Georgia Law Resources


This site exists because of donors like you.

Thanks!


Lawskills.com Georgia Caselaw
BURCH v. THE STATE.
53182.
BELL, Chief Judge.
Voluntary manslaughter. Fulton Superior Court. Before Judge Langford.
Charged with murder, the defendant was convicted of voluntary manslaughter. Held:
1. The evidence authorized the conviction. Therefore, it was not error to deny the motion for a directed verdict of acquittal. Merino v. State, 230 Ga. 604 (198 SE2d 311).
2. The court admitted the death certificate of the victim over the objection that it was hearsay. We need not decide whether it was error to admit this evidence for even if it was, the error would be harmless for the victim's death was established by other evidence to which no objection was made. Mahone v. State, 120 Ga. App. 234 (170 SE2d 48).
3. The court did not err in charging on voluntary manslaughter. The instruction was authorized by the evidence. State v. Stonaker, 236 Ga. 1, 2 (222 SE2d 354).
4. Defendant for the first time on appeal attacks the constitutionality of Code 26-1102, the voluntary manslaughter statute. This presents nothing for consideration on appeal as the constitutionality of the statute cannot be raised for the first time in the appellate court. Robinson v. State, 226 Ga. 461 (175 SE2d 505).
Lewis R. Slaton, District Attorney, Joseph J. Drolet, Dean R. Davis, Assistant District Attorneys, for appellee.
Louise T. Hornsby, for appellant.
SUBMITTED JANUARY 17, 1977 -- DECIDED FEBRUARY 2, 1977.
Friday May 22 05:42 EDT


This site exists because of donors like you.

Thanks!


Valid HTML 4.0!

Valid CSS!





Home - Tour - Disclaimer - Privacy - Contact Us
Copyright © 2000,2002,2004 Lawskills.com