If one unlawfully but without malice, and under a sudden heat of passion, shoots another with the intent to kill and death does not ensue, he can legally be found guilty of unlawfully shooting at another.
It is well-settled law that the jury can believe parts of a defendant's statement and reject other parts. Brown v. State,10 Ga. App. 50, 54 (72 S.E. 537). The jury were authorized to find from the evidence and from certain parts of the defendant's statement that he, without malice, but under a sudden heat of passion aroused by jealousy, shot the woman, and to find him guilty of unlawfully shooting at another. If one unlawfully but without malice, and under a sudden heat of passion, shoots another with intent to kill, and death does not ensue, he may legally be found guilty of unlawfully shooting at another.Haney v. State, 64 Ga. App. 396, 398 (13 S.E.2d 384). The cases cited in behalf of the accused are distinguished by their facts from this case.
The court did not err in instructing the jury upon the law of unlawfully shooting at another, and the charge upon that principle of law, while subject to slight criticism, affords no cause for a new trial, the court having elsewhere charged the jury that if they should find that the shooting was accidental the defendant should be acquitted. The refusal to grant a new trial was not error.
Judgment affirmed. MacIntyre and Gardner, JJ., concur.