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RHODES v. STATE

67549.

170 Ga. App. 473 (1984)

317 S.E.2d 285

RHODES v. THE STATE.

Court of Appeals of Georgia.

Rehearing Denied March 26, 1984.

Attorney(s) appearing for the Case

E. Neil Wester III, for appellant.

Rafe Banks III, District Attorney, George W. Weaver, District Attorney, from Appalachian Circuit, Garry T. Moss, Assistant District Attorney, for appellee.

BIRDSONG, Judge.

Gary Arnold Rhodes was convicted of voluntary manslaughter and sentenced to ten years, three to serve followed by seven on probation. He brings this appeal enumerating three alleged errors. Held:

1. In his first enumeration of error, Rhodes complains that the trial court erred in refusing to give a requested charge on involuntary manslaughter arising out of a "lawful act done in an unlawful

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