STEWART v. STATE

61493.

158 Ga. App. 378 (1981)

280 S.E.2d 403

STEWART v. THE STATE.

Court of Appeals of Georgia.

Decided April 24, 1981.


Attorney(s) appearing for the Case

David R. Montgomery, James E. Hudson, for appellant.

Harry N Gordon, District Attorney, B. Thomas Cook, Jr., Assistant District Attorney, for appellee.


SHULMAN, Presiding Judge.

Defendant appeals his conviction of the offense of involuntary manslaughter, under Code Ann. § 26-1103 (a), complaining of the trial court's refusal, upon request, to charge on involuntary manslaughter in the commission of a lawful act in an unlawful manner. Code Ann. § 26-1103 (b). We reverse.

1. It is the state's position that at the time the gun discharged, the defendant was engaged in an act of reckless conduct, an unlawful...

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