Reed v. State

3 Citing cases

  1. Snell v. State

    306 Ga. App. 651 (Ga. Ct. App. 2010)   Cited 5 times
    Using reasoning consistent with this Court's analysis in Austin and Flannigan to reject appellant's contention that he was entitled to an instruction on unlawful manner involuntary manslaughter, because even under his own version of the events, Snell conceded that his possession of a concealed weapon in the victim's home at the time of the fatal shooting was a violation of the version of OCGA ยง 16-11-126 then in effect

    It follows that the trial court committed no error in declining to charge the jury on reckless conduct as a separate lesser included offense. See id.; Reed v. State, 238 Ga. App. 297, 298 ( 517 SE2d 824) (1999). Compare Reinhardt v. State, 263 Ga. 113, 113-114 (2) ( 428 SE2d 333) (1993), overruled in part on other grounds, Vergara v. State, 283 Ga. 175, 177-178 (1) ( 657 SE2d 863) (2008) (in felony murder case, the trial court should have charged the jury on reckless conduct as a separate lesser included offense of arson).

  2. Banks v. State

    764 S.E.2d 187 (Ga. Ct. App. 2015)

    We note that the cases relied upon by Banks are inapposite and do not support his position that the trial court must include on a verdict form reckless conduct as a lesser-included offense of felony murder.Simmons v. State, 266 Ga. 223, 229(7)(b), 466 S.E.2d 205 (1996) (citation omitted); Reed v. State, 238 Ga.App. 297, 298, 517 S.E.2d 824 (1999); see Snell, supra.Simmons, supra; Snell, supra; Reed, supra.

  3. Banks v. State

    764 S.E.2d 187 (Ga. Ct. App. 2014)   Cited 1 times

    We note that the cases relied upon by Banks are inapposite and do not support his position that the trial court must include on a verdict form reckless conduct as a lesser-included offense of felony murder.Simmons v. State, 266 Ga. 223, 229(7)(b), 466 S.E.2d 205 (1996) (citation omitted); Reed v. State, 238 Ga.App. 297, 298, 517 S.E.2d 824 (1999) ; see Snell, supra.Simmons, supra; Snell, supra; Reed, supra.