Park's annotated code of the state of Georgia, 1914 Volume 11, no. 1922 ; embracing the code of 1910 and amendments and additions thereto made by the ... with complete annotations from the judicia

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1922 Excerpt: ...if the jury believes it to be the truth of the transaction, when considered in connection with entire charge of court, was not harmful to defendant. 21 App. 193 (1) (94 S. E. 60). Excerpts from charge of court here, when considered in connection with charge as a whole, did not restrict jury to sworn testimony and eliminate from their consideration the defendant's statements. 21 App. 244 (1) (94 S. E. 73). Charge that jury might believe statement of defendant in preference to sworn testimony in the caso, if they saw proper to do so, was sufficient, in absence of request for further instructions. 21 App. 399 (2) (94 8. E. 600). Where court properly instructed jury in regard to defendant's statement at trial, excerpt from charge, "if you are satisfied from evidence in this case, beyond reasonable doubt, that defendant is guilty, having committed the larceny of the animal described in the indictment against him, if you are satisfied of that beyond a reasonable doubt, then it would be your duty to convict him, the defendant. If you are not so satisfied, then it would be your duty to find him not guilty," is not subject to exception that it restricted jury to sworn testimony and eliminated from their consideration the defendant's statement. 21 App. 801 (5) (95 8. E. 301). When evidence for defendant demands charge on self-defense, and statement of accused is so uncertain and indefinite as to leave in doubt whether he claimed he shot in self-defense, or that killing was result of accident or misfortune, he will not be heard to complain that court gave charge based upon his own uncertain and indefinite statement and giving him benefit of both theories of defense. 22 App. 266 (2) (96 S. E. 393). Where defendant has made statement, court should charge rule ...