Miller v. State

Full title: MILLER v. THE STATE

Court: Court of Appeals of Georgia

Date published: Mar 4, 1974

206 S.E.2d 98 (Ga. Ct. App. 1974)

206 S.E.2d 98

Opinion

49018.

SUBMITTED FEBRUARY 11, 1974.

DECIDED MARCH 4, 1974. REHEARING DENIED MARCH 21, 1974.

Involuntary manslaughter. Troup Superior Court. Before Judge Knight.

H. J. Thomas, Jr., for appellant.

Eldridge W. Fleming, District Attorney, William F. Lee, Jr., for appellee.

HALL, Presiding Judge.

1. Where a person is on trial under an indictment for involuntary manslaughter in the commission of an unlawful act, a correct charge on the law of involuntary manslaughter in the commission of a lawful act in an unlawful manner, even though not authorized by the evidence, is not harmful error where the defendant was convicted for the indicted offense. Elder v. State, 224 Ga. 704 ( 164 S.E.2d 118).

2. The evidence supports the verdict.

Judgment affirmed. Deen and Stolz, JJ., concur.

SUBMITTED FEBRUARY 11, 1974 — DECIDED MARCH 4, 1974 — REHEARING DENIED MARCH 21, 1974 — CERT. APPLIED FOR.