WHEELER v. STATE

32166.

238 Ga. 719 (1977)

235 S.E.2d 37

WHEELER v. THE STATE.

Supreme Court of Georgia.

Decided April 27, 1977.


Attorney(s) appearing for the Case

Markwalter, Cook & Shaffer, R. Robider Markwalter, C. R. Cook, for appellant.

Walker P. Johnson, Jr., District Attorney, Charles H. Weston, Assistant District Attorney, Arthur K. Bolton, Attorney General, Isaac Byrd, Staff Assistant Attorney General, for appellee.


UNDERCOFLER, Presiding Justice.

Defendant, Thomas Leon Wheeler, appeals from his murder conviction and life sentence on the sole basis that the trial court erred in refusing to charge on involuntary manslaughter pursuant to his request. There was no evidence that the killing occurred while in the commission of an unlawful act other than a felony or of a lawful act carried out in an unlawful manner, which would authorize such a charge. Therefore, the trial court did...

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