TRUITT v. STATE

61605.

158 Ga. App. 337 (1981)

280 S.E.2d 384

TRUITT v. THE STATE.

Court of Appeals of Georgia.

Decided April 22, 1981.


Attorney(s) appearing for the Case

J. J. Anthony, for appellant.

Arthur E. Mallory III, District Attorney, Marc E. Acree, Assistant District Attorney, for appellee.


SHULMAN, Presiding Judge.

Defendant was convicted of involuntary manslaughter in the commission of an unlawful act (simple battery). See Code Ann. § 26-1103 (a). We affirm.

Defendant contends that the trial court's failure or refusal to charge Code Ann. § 26-1103 (b) was error. Although we agree with appellant's assertion that had such a request been properly made the evidence authorized a charge on § 26-1103 (b), we cannot agree that, absent...

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