JOHNSON v. STATE

58375.

151 Ga. App. 887 (1979)

262 S.E.2d 201

JOHNSON v. THE STATE.

Court of Appeals of Georgia.

Decided October 22, 1979.


Attorney(s) appearing for the Case

Roy E. Harkleroad, for appellant.

Dewey Hayes, District Attorney, M. C. Pritchard, Assistant District Attorney, for appellee.


SHULMAN, Judge.

In a trial for the offense of murder, appellant was found guilty of voluntary manslaughter. We reverse.

1. Appellant asserts that the trial court erred in refusing to charge in accordance with the theory of accident. See Code Ann. § 26-602. We agree.

At trial appellant chose to take the stand. Appellant's testimony showed that he picked up a shotgun in response to the victim's advancing toward appellant in a menacing fashion, and...

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