Accordingly, pretermitting whether Snipes affirmatively waived this issue and whether the trial court erred in failing to instruct the jury on involuntary manslaughter, we conclude that Snipes has not shown plain error. See Bonman v. State , 298 Ga. 839, 840-41 (2), 785 S.E.2d 288 (2016) (trial court's refusal to charge involuntary manslaughter as a lesser included offense was harmless error where the jury, by finding the defendant guilty of malice murder, necessarily found that he intended to kill the victim); Rogers v. State , 289 Ga. 675, 678 (2), 715 S.E.2d 68 (2011) (by finding the defendant guilty of malice murder, the jury made an additional, specific finding that he intended the victim's killing and it is highly probable that the trial court's refusal to give a charge on involuntary manslaughter did not contribute to the verdict). OCGA § 16-5-3 (a) provides that "[a] person commits the offense of involuntary manslaughter in the commission of an unlawful act when he causes the death of another human being without any intention to do so by the commission of an unlawful act other than a felony."
Indeed, the jury found as much because it returned a verdict of guilty on the charge of malice murder. See Bonman v. State , 298 Ga. 839, 840-841 (2), 785 S.E.2d 288 (2016) (holding that trial court’s refusal to charge involuntary manslaughter as a lesser included offense was harmless error where the jury, by finding appellant guilty of malice murder, necessarily found that he intended to kill the victim). Accordingly, it is highly probable that any error in refusing Mann’s requested charge on involuntary manslaughter did not contribute to the jury’s verdict.
[Cits.]” Bonman v. State, 298 Ga. 839, 841 (2) (785 SE2d 288) (2016) (refusal to give involuntary manslaughter charge, even if error, was harmless; appellant’s contention that he shot into air inconsistent with other evidence and witness testimony); compare Manzano v. State, 282 Ga. 557, 558-559 (2) (651 SE2d 661) (2007) (involuntary manslaughter charge required based on evidence that appellant and victim were engaged in horseplay with pistol both believed to be unloaded). G. Richard Stepp, for appellant.
[Cits.]” Bonman v. State, 298 Ga. 839 , 841 (2) (785 SE2d 288 ) (2016) (refusal to give involuntary manslaughter charge, even if error, was harmless; appellant’s contention that he shot into air inconsistent with other evidence and witness testimony); compare Manzano v. State, 282 Ga. 557 , 558-559 (2) (651 SE2d 661 ) (2007) (involuntary manslaughter charge required based on evidence that appellant and victim were engaged in horseplay with pistol both believed to be unloaded). G. Richard Stepp, for appellant.