DUCKWORTH, Chief Justice.
Nathaniel Spencer was indicted, tried, and convicted in Cobb Superior Court of murder, and the jury failed to return a recommendation for mercy. Thereafter, the defendant filed a motion for new trial which was subsequently amended and, after a hearing, denied. The exception is to that judgment. Held:
1. Justifiable homicide being a substantive and affirmative defense placed in issue by the evidence, and the court having failed...
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