BROWN v. STATE

65845.

166 Ga. App. 765 (1983)

305 S.E.2d 386

BROWN v. THE STATE.

Court of Appeals of Georgia.

Rehearing Denied May 27, 1983.


Attorney(s) appearing for the Case

Millard D. Fuller, for appellant.

John R. Parks, District Attorney, J. Troy Hall, Assistant District Attorney, for appellee.


BIRDSONG, Judge.

The appellant Sammy Brown and his deceased wife were arguing when, by his own admission, appellant got a gun out of a drawer and brandished it at his wife "to scare her." Mrs. Brown knocked the gun out of his hand twice, but each time appellant picked it up. Ultimately, Mrs. Brown and appellant struggled over the gun and it went off, killing Mrs. Brown. Held:

1. Appellant was not entitled to a jury charge of OCGA § 16-5-3 (b) ...

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