Lawton v. State
Opinion of the Court
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Quillian, Judge.
The appellant was tried for the offense of murder and was convicted of voluntary manslaughter. The appellant filed a motion for a new trial on the general grounds which was overruled and the case is here for review. Held:
There was evidence that both the deceased and the appellant had a pistol in their possession at the time the deceased was killed; that the appellant was seen getting out of his car with his pistol in his right hand walking straight toward the deceased; that the appellant shot the deceased; that the deceased was never seen reaching for his pistol; that the deceased’s arms were down by his *653 side at the time he was shot. There was sufficient evidence to support the verdict. Spradlin v. State, 90 Ga. App. 97, 103 ( 82 SE2d 238 ).
Submitted January 10, 1972 Decided February 10, 1972 Rehearing denied March 6, 1972. Haas, Holland, Levison & Gibert, Andrew C. Hall, Ben B. Mills, Jr., for appellant. W. J. Forehand, District Attorney, for appellee.
Judgment affirmed.
Hall, P. J., and Pannell, J., concur.
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