Holt v. State

Full title: HOLT v. THE STATE

Court: Court of Appeals of Georgia

Date published: Feb 6, 1981

278 S.E.2d 59 (Ga. Ct. App. 1981)

157 Ga. App. 405

Opinion

61266.

DECIDED FEBRUARY 6, 1981.

Voluntary manslaughter. Bibb Superior Court. Before Judge Bell, Senior Judge.

R. Robider Markwalter, for appellant.

Willis B. Sparks III, District Attorney, for appellee.

BANKE, Judge.

The appellant was tried for murder and convicted of voluntary manslaughter. There is no question that he shot the victim to death with a pistol. However, he contends on appeal that the trial court should have directed a verdict of acquittal on the basis of evidence that he acted in self-defense. He also contends that the trial court erred in failing to give his requested charge on involuntary manslaughter. Held:

1. The evidence was sufficient to enable a rational trier of fact to find the appellant guilty of voluntary manslaughter beyond a reasonable doubt. See generally Jackson v. Virginia, 443 U.S. 307 (99 SC 2781, 61 L.Ed.2d 560) (1979). The trial court did not err in denying the motion for directed verdict.

2. The requested charge on involuntary manslaughter was properly refused. See Crawford v. State, 245 Ga. 89 (3) ( 263 S.E.2d 131) (1980).

Judgment affirmed. Deen, P. J., and Carley, J., concur.

BANKE, Judge.

DECIDED FEBRUARY 6, 1981.