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Hawkins v. State

Court of Appeals of Georgia
Sep 21, 1967
157 S.E.2d 800 (Ga. Ct. App. 1967)

Opinion

42970.

ARGUED SEPTEMBER 7, 1967.

DECIDED SEPTEMBER 21, 1967. REHEARING DENIED OCTOBER 6, 1967.

Involuntary manslaughter. Fulton Superior Court. Before Judge Alverson.

John W. Rogers, for appellant.

Lewis R. Slaton, Solicitor General, J. Walter LeCraw, George K. McPherson, for appellee.


The defendant was tried for murder and convicted of involuntary manslaughter. Two errors are enumerated on the appeal, both complaining of portions of the court's charge to which defendant failed to make any objection before a verdict was returned by the jury.

Failure to make objection to the charge before the return of a verdict by the jury, as is required by Sec. 17 (a) of the Appellate Practice Act (Sec. 17 (a), Ga. L. 1965, p. 18, as amended by Sec. 6, Ga. L. 1966, pp. 493, 498; Code Ann. § 70-207 (a)), presents nothing for review. Phillips v. State, 114 Ga. App. 417 (3) ( 151 S.E.2d 474); Crider v. State of Ga., 115 Ga. App. 347 (2) ( 154 S.E.2d 743); Carnes v. State, 115 Ga. App. 387, 392 (5) ( 154 S.E.2d 781); Barnes v. State, 115 Ga. App. 431 (1) ( 154 S.E.2d 878); Smith v. State, 116 Ga. App. 45 (4) ( 156 S.E.2d 380).

Appellant asks that the court review the errors enumerated under Sec. 17 (c) ( Code Ann. § 70-207 (c)) of the aforementioned Act. Under Sec. 17 (c) substantial errors in a charge harmful as a matter of law, and which this court may consider and review irrespective of whether timely objections were made, are those errors from which a gross injustice is about to result or has resulted, directly attributable to the alleged errors. Nathan v. Duncan, 113 Ga. App. 630 (6) ( 149 S.E.2d 383); Windsor Forest, Inc. v. Rocker, 115 Ga. App. 317, 324 (4) ( 154 S.E.2d 627).

The court has examined the entire record in the case and finds under the above principles that the alleged errors present nothing for review.

Judgment affirmed. Bell, P. J., and Pannell, J., concur.

ARGUED SEPTEMBER 7, 1967 — DECIDED SEPTEMBER 21, 1967 — REHEARING DENIED OCTOBER 6, 1967.


Summaries of

Hawkins v. State

Court of Appeals of Georgia
Sep 21, 1967
157 S.E.2d 800 (Ga. Ct. App. 1967)
Case details for

Hawkins v. State

Case Details

Full title:HAWKINS v. THE STATE

Court:Court of Appeals of Georgia

Date published: Sep 21, 1967

Citations

157 S.E.2d 800 (Ga. Ct. App. 1967)
157 S.E.2d 800

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