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Lawskills.com Georgia Caselaw
THE STATE v. ALLEN.
34460.
UNDERCOFLER, Presiding Justice.
This is a certiorari to the Court of Appeals. Allen v. State, 147 Ga. App. 701 (250 SE2d 5) (1978). The only question is whether a requested charge on involuntary manslaughter under Code Ann. 26-1103 (b) was required. The recitation of facts in the Court of Appeals opinion appears not to require such charge; however, the principle of law relied upon is correct. Jackson v. State, 76 Ga. 473 (2) (1886); Warnack v. State, 3 Ga. App. 590 (2) (60 SE 288) (1907). Since the interpretation of the evidence is not a matter of gravity we dismiss the certiorari as improvidently granted.
Jack Affleck, for appellee.
Harry N. Gordon, District Attorney, B. Thomas Cook, Jr., Chief Assistant District Attorney, Valerie E. Caproni, for appellant.
ARGUED MARCH 12, 1979 -- DECIDED APRIL 17, 1979.
Friday July 25 07:32 CDT


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