## Facts

- W. J. Harris shot the victim multiple times, including in the thigh, stomach, and shoulder.
- The victim died from the gunshot wounds.
- Harris admitted the shooting but asserted self-defense.
- A jury convicted Harris of voluntary manslaughter and imposed a prison sentence of 10 to 15 years.
- The trial court denied Harris’s motion for new trial, and Harris appealed, challenging the evidence and several jury instructions.

## Issues

1. Whether the evidence authorized the verdict of voluntary manslaughter.
2. Whether the jury charge improperly limited the “facts” to witness testimony and the defendant’s statement, or otherwise removed physical exhibits from the jury’s consideration.
3. Whether the trial court erred by failing to instruct the jury on involuntary manslaughter.
4. Whether the trial court erred by giving a detailed voluntary manslaughter charge using the statutory definition and explaining technical terms.
5. Whether an asserted error in failing to charge on the parties’ relative size and strength (as relevant to self-defense) was reviewable on appeal.

## Decision

- The Court of Appeals of Georgia affirmed the conviction and denial of a new trial.
- The evidence, viewed most unfavorably to Harris on review of the general grounds, authorized a voluntary manslaughter verdict.
- The jury instructions on obtaining “facts” from testimony and the defendant’s statement, together with references to “oral testimony and physical testimony,” did not withdraw physical evidence from the jury where the charge as a whole directed consideration of all evidence.
- The trial court properly refused to charge involuntary manslaughter because an intentional shooting that kills cannot be involuntary manslaughter under any rational view of the facts.
- It was not error to define voluntary manslaughter in the words of the statute and explain technical terms.
- The complaint about failure to charge on relative size and strength was not reviewable because it was not raised in the amended motion for new trial.

## Legal Principles

- On review of a motion for new trial on the general grounds, appellate courts view the evidence in the light most unfavorable to the defendant and defer to the jury’s verdict if authorized by the evidence.
- When a defendant voluntarily and intentionally shoots at another and death results, the homicide cannot be involuntary manslaughter; a charge on involuntary manslaughter is improper where no rational view of the evidence supports it.
- A jury charge is evaluated as a whole; language that references testimony and the defendant’s statement does not remove admitted physical evidence from consideration when the overall instructions direct the jury to consider all evidence.
- It is permissible for a trial court to instruct on voluntary manslaughter by using the statutory definition and explaining technical terms used in that definition.
- Alleged instructional errors not raised in the amended motion for new trial are not preserved for appellate review.

## Conclusion

The court affirmed Harris’s voluntary manslaughter conviction and sentence, holding that the evidence supported the verdict, the jury charge did not improperly exclude physical evidence, no involuntary manslaughter instruction was warranted for an intentional shooting, the voluntary manslaughter instruction was proper, and an unpreserved self-defense-related charge complaint was not reviewable.


Harris v. State, 55 Ga. App. 189, 189 S.E. 680 (Ct. App. Ga. 1937)