1. The trial court did not err, as complained of in the seventh and eighth special grounds of the amended motion for new trial, in permitting two named witnesses to testify in the trial of the case over objection of the defendants, even though their names did not appear on the indictment at the time the case was called for trial, and they did not testify before the grand jury and their names were not on demand furnished by the prosecuting attorney to the defendant. Code (Ann.) 2-105; Taylor v. State, 138 Ga. 826 (5) (76 S. E. 347); Harris v. State, 190 Ga. 258 (2) (9 S. E. 2d 182); Holley v. State, 191 Ga. 894 (3) (14 S. E. 2d 103). 2. The right of the defendant to a thorough and sifting cross-examination was not abridged, as complained of in the ninth and tenth special grounds, by the action of the trial judge in refusing to require a witness for the State who had testified where the bullet entered the head of the deceased, to put his finger to his head at the place where another witness for the State had indicated that the bullet entered, or in refusing to require the above witness to reveal who told him that a witness for the State, whose name did not appear on the indictment and who did not testify before the grand jury, knew something about the homicide. See, in this connection, Code 38-1705; Clifton v. State, 187 Ga. 502 (4) (2 S. E. 2d 102); Pulliam v. State, 196 Ga. 782 (2) (28 S. E. 2d 139); Post v. State, 201 Ga. 81, 84 (39 S. E. 2d 1). 3. The instructions of the court, complained of in the fourth, fifth, and sixth special grounds, as to malice being presumed, though rebuttable, where a killing is shown and there is no evidence of justification or mitigation, and as to the rule in a criminal case where the guilt of the accused is wholly dependent upon circumstantial evidence, stated correct principles of law which were applicable to the case, and were not error for any reason assigned. See Whitfield v. State, 209 Ga. 804 (2) (76 S. E. 2d 405,) and cases cited. 4. The evidence, though conflicting, was sufficient to authorize the verdict. Paul Webb, Solicitor-General, Jeptha C. Tanksley, Charlie O. Murphy, Eugene Cook, Attorney-General, Rubye G. Jackson, contra. |