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Lawskills.com Georgia Caselaw
REED v. THE STATE.
A99A0774.
BLACKBURN, Presiding Judge.
Judgment affirmed. Barnes, J., and Senior Appellate Judge Harold R. Banke concur.
Involuntary manslaughter. DeKalb Superior Court. Before Judge Flake.
Omar Reed appeals from his conviction of involuntary manslaughter, following a jury trial, contending that the trial court erred by failing to include on the verdict form charges of reckless conduct and pointing a pistol. Reed did not object to the trial court's failure to charge the jury on reckless conduct and pointing a pistol. We affirm because the form of the verdict was consistent with the evidence and the jury charges.
" 'On appeal the evidence must be viewed in the light most favorable to support the verdict, and [Reed] no longer enjoys a presumption of innocence.' " Lester v. State, 226 Ga. App. 373, 376 (2) (487 SE2d 25) (1997). Viewing the evidence in the light most favorable to the verdict, on January 13, 1998, Reed and three other men drove a borrowed car to the home of Timothy Burley. Burley was in the yard, and Reed called him over to the car. When Burley asked Reed to drive him to the store, Reed asked for $3 to pay for gas. Burley did not immediately agree to pay. During this conversation, Reed found a gun under the driver's seat and pointed it at Burley. Burley told Reed to move the gun. Thereafter, Reed pulled the hammer back on the gun, still pointing it at Burley. Burley again told Reed to move the gun and also slapped at the gun. While still pointing the gun at Burley, Reed tried to uncock the gun by pulling the trigger and slowly letting the hammer down. Burley slapped at the gun a second time. The gun fired, fatally wounding Burley.
The record shows that the trial court instructed the jury, in relevant part, on involuntary manslaughter and on reckless conduct and pointing a pistol at another as possible underlying misdemeanors for the involuntary manslaughter charge. Reed made a written request for the court to charge the jury on reckless conduct and pointing a pistol at another, as separate offenses, which the trial court denied. Reed did not except or reserve objection to the charges. The verdict form provided as to Count 1 murder or the lesser included offense of involuntary manslaughter and Count 2 felony murder or the lesser included offense of involuntary manslaughter. Reed was convicted on Count 2, involuntary manslaughter.
J. Tom Morgan, District Attorney, Gregory J. Lohmeier, Maria Murcier-Ashley, Assistant District Attorneys, for appellee.
Clarke & Anderson, Alan S. Clarke, James S. Anderson, for appellant.
DECIDED MAY 14, 1999 -- RECONSIDERATION DENIED MAY 27, 1999 -- CERT. APPLIED FOR.
Monday September 8 13:10 CDT


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