HILL v. STATE

DEEN, Presiding Judge.

1. The defendant was indicted for murder and convicted of voluntary manslaughter. Evidence of a continued quarrel: That the deceased had hit the defendant, the defendant had cursed and ejected him, the deceased again attempted to enter the house, the defendant procured a knife, and stabbed him, causing his death, posed a jury question as to whether the killing was unjustified, in the heat of passion, and lacking in malice. Cf. Banks v. State, 227 Ga. 578 ( 182 S.E.2d 106).

2. Nor did the court err in failing to charge the lesser offense of involuntary manslaughter. A knife, capable of and used in a manner to produce death is a deadly weapon, and when it is so used in a heat of passion and death ensues, the crime is voluntary manslaughter and failure to charge the lesser offense is not error. Harris v. State, 75 Ga. App. 199 (2) ( 43 S.E.2d 110).

Judgment affirmed. Evans and Stolz, JJ., concur.