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Lawskills.com Georgia Caselaw
REID v. THE STATE.
55230.
SHULMAN, Judge.
Involuntary manslaughter. Richmond Superior Court. Before Judge Fulcher.
Appellant was tried for murder and convicted of involuntary manslaughter. Code Ann. 26-1103 (a). This appeal follows.
Appellant's sole enumeration of error is based on the general grounds. It is contended that there is no evidence to support a conviction of involuntary manslaughter under 26-1103 (a), because there is no evidence of any unlawful act other than a felony which resulted in the homicide. We disagree.
The evidence showed that appellant and the decedent were in an argument over a $20 debt. Both parties were intoxicated. The decedent came toward appellant arguing about the debt. Appellant pulled out a pistol to swing at decedent in order to ward off what he apprehended to be an attack by decedent. The pistol discharged, killing decedent.
There was sufficient evidence to support the verdict. Kerbo v. State, 230 Ga. 241 (196 SE2d 424), overruled on other grounds, State v. Stonaker, 236 Ga. 1 (4) (222 SE2d 354).
Surrett, Thompson, Bell, Choate & Walker, J. Samuel Choate, Jr., for appellant.
ARGUED JANUARY 30, 1978 -- DECIDED MARCH 14, 1978.
Friday May 22 04:52 EDT


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