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SCRADERS v. STATE

No. A03A2498.

589 S.E.2d 315 (2003)

263 Ga. App. 754

SCRADERS v. The STATE.

Court of Appeals of Georgia.

October 23, 2003.

Attorney(s) appearing for the Case

Hogue & Hogue, Laura D. Hogue, Macon, for appellant.

Howard Z. Simms, Dist. Atty., Eugene Felton, Jr., Asst. Dist. Atty., for appellee.

ANDREWS, Presiding Judge.

Tobijah Scraders appeals from the trial court's denial of his general demurrer to an indictment charging him with involuntary manslaughter in the commission of an unlawful act. For the following reasons, we find the indictment was fatally defective and reverse.

Under OCGA § 16-5-3(a),

[a] person commits the offense of involuntary manslaughter in the commission of an unlawful act when he causes the death of another human...

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