FITZHUGH v. STATE

65664.

166 Ga. App. 320 (1983)

304 S.E.2d 127

FITZHUGH v. THE STATE.

Court of Appeals of Georgia.

Decided April 19, 1983.


Attorney(s) appearing for the Case

Howard S. McKelvey, Jr., for appellant.

John R. Parks, District Attorney, R. Rucker Smith, Assistant District Attorney, for appellee.


BIRDSONG, Judge.

Linda Fitzhugh was convicted of voluntary manslaughter. The sole enumeration of error in her appeal is that the trial court erred in refusing, despite timely written request, to charge to the jury OCGA § 16-5-3 (b) (Code Ann. § 26-1103), as to involuntary manslaughter in the commission of a lawful act in an unlawful manner. Held:

The evidence as substantially stated by the appellant is this: She had lived with the deceased...

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