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Lawskills.com Georgia Caselaw
LOUDERMILK v. THE STATE.
48385.
STOLZ, Judge.
Voluntary manslaughter. Floyd Superior Court. Before Judge Scoggin.
The defendant, indicted for the murder of his brother, was convicted by a jury of voluntary manslaughter and sentenced to twenty years, from which judgment he appeals. Held:
1. The defendant contends that the trial judge erred in charging the jury on the law of voluntary manslaughter as related to mutual combat (Code Ann. 26-902 (b) (3); Ga. L. 1968, pp. 1249, 1272) as there was no evidence of mutual combat and he was guilty either of murder or justifiable homicide.
The evidence here authorized the findings that the defendant and the decedent, both intoxicated, were armed with knives and engaged in a fight resulting in the decedent's death and various injuries to the defendant, after which the defendant made a voluntary statement, after having been advised of his constitutional rights, to the effect that he had killed his brother and was proud of it. The charge complained of was properly given.
2. The verdict was supported by the evidence.
P. Larry Salmon, District Attorney, for appellee.
Horace T. Clary, for appellant.
SUBMITTED JUNE 29, 1973 -- DECIDED SEPTEMBER 4, 1973.
Friday May 22 13:32 EDT


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