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Vassy v. State

Court of Appeals of Georgia
Jun 8, 1983
305 S.E.2d 664 (Ga. Ct. App. 1983)

Opinion

66323.

DECIDED JUNE 8, 1983.

Involuntary manslaughter. Cobb Superior Court. Before Judge Bullard.

Guy E. Davis, Jr., for appellant.

Thomas J. Charron, District Attorney, Debra H. Bernes, Assistant District Attorney, for appellee.


Appealing his conviction for involuntary manslaughter, the defendant contends that the evidence was legally insufficient to support the verdict in that the proof of the corpus delicti failed to establish the identity of the victim beyond a reasonable doubt. Held:

"The essential elements in the proof of the corpus delicti in a case of homicide are: that the person alleged in the indictment to have been killed is actually dead; and that his death was caused or accomplished by violence, or other direct criminal agency of some other human being." Reddick v. State, 202 Ga. 209 (1b) ( 42 S.E.2d 742). As pointed out in Johnson v. State, 231 Ga. 138, 140 (2) ( 200 S.E.2d 734), "We have held numerous times that the corpus delicti may be proved by both direct and circumstantial evidence."

Here the first element of the corpus delicti — that the person alleged to have been killed is actually dead — was established by evidence sufficient to convince a rational trier of fact beyond a reasonable doubt. Jackson v. State, 210 Ga. 303, 309 ( 79 S.E.2d 812). See Wrisper v. State, 193 Ga. 157, 161 ( 17 S.E.2d 714); Jester v. State, 193 Ga. 202, 208 ( 17 S.E.2d 736); Alexander v. State, 223 Ga. 34 (3) ( 153 S.E.2d 431); Pitts v. State, 141 Ga. App. 845 (1) ( 234 S.E.2d 682).

Judgment affirmed. Sognier and Pope, JJ., concur.

DECIDED JUNE 8, 1983 — CERT. APPLIED FOR.


Summaries of

Vassy v. State

Court of Appeals of Georgia
Jun 8, 1983
305 S.E.2d 664 (Ga. Ct. App. 1983)
Case details for

Vassy v. State

Case Details

Full title:VASSY v. THE STATE

Court:Court of Appeals of Georgia

Date published: Jun 8, 1983

Citations

305 S.E.2d 664 (Ga. Ct. App. 1983)
305 S.E.2d 664