Opinion
40642.
DECIDED APRIL 30, 1964. REHEARING DENIED APRIL 30, 1964.
Shooting at another. Cobb Superior Court. Before Judge Manning.
Wm. H. Burke, Grubbs, Prosser Burke, for plaintiff in error.
Ben F. Smith, Assistant Solicitor General, contra.
The defendant assigns error on the overruling of special grounds of his motion for new trial after his conviction for the crime of shooting at another. These grounds contend that the court's charge harmed him in that (a) the instruction concerning conflicts in testimony was confusing and did not make it clear that when the defendant elected to be sworn as a witness on his own behalf, as provided by Code § 38-415, as amended (Ga. L. 1962, p. 133), the jury could believe his testimony in preference to that of other witnesses; (b) an excerpt from the charge was rendered meaningless and abstractly incorrect by some misplaced or redundant language included in it; and (c) the instruction on the crime of shooting at another was not in the exact language of the statute, was confusing, and did not correctly describe that crime. The instructions complained of, either in themselves or considered in context with the charge as a whole, were not subject to the defendant's exceptions or were not harmful to the defendant and do not require a new trial. McDonald v. Ward, 144 Ga. 14 ( 85 S.E. 1024); Morton v. State, 86 Ga. App. 764 ( 72 S.E.2d 548); Chance v. State, 95 Ga. App. 585, 587 ( 98 S.E.2d 142); Smith v. Castle, 102 Ga. App. 737, 741 ( 117 S.E.2d 623); Harris v. Cates, 105 Ga. App. 178, 182 ( 123 S.E.2d 703), reversed on other grounds, 217 Ga. 801 ( 125 S.E.2d 649). Accord Richmond v. State, 210 Ga. 403, 406 ( 80 S.E.2d 178); Hollis v. State, 97 Ga. App. 145, 148 ( 102 S.E.2d 610).
Judgment affirmed. Nichols, P. J., and Russell, J., concur.