Solomon v. State
Solomon v. State
Opinion of the Court
The defendant appeals from his conviction of involuntary manslaughter upon which he received a 5-year sentence.
The State contends that the conviction for involuntary manslaughter in the commission of an unlawful act was authorized because the defendant, driving a tractor trailer, collided on his left side of the highway with the automobile driven by the deceased, in violation of §§ 19, 21 and 23 of the traffic ordinance of the City of Carrollton, which require drivers to drive vehicles to the right of the center line of the street.
Our courts have held that one of the essential elements of the crime of involuntary manslaughter in the commission of an unlawful act (Code § 26-1009) is the intentional commission of the unlawful act. Overman v. State, 187 Ga. 396, 398 (1 SE2d 20); Thomas v. State, 91 Ga. App. 382, 384, 387 (85 SE2d 644); Passley v. State, 62 Ga. App. 88, 89 (8 SE2d 131); Bond v. State, 104 Ga. App. 627, 631 (122 SE2d 310); Some opinions have indicated that the crime may be proved
The testimony of all the witnesses and the circumstantial evidence in this case is consistent with the sworn testimony of the defendant that he came over a hill; other traffic ahead of him had stopped; he applied his brakes; the trailer jackknifed and pushed the tractor onto the wrong side of the road and he was then unable to control its movement or avoid the collision. None of the evidence indicated that the defendant intended to leave the right side of the road. On cross examination of the witness who was a passenger with the defendant in the tractor, the State attempted to show that the defendant’s failure to observe a vehicle in front of him sooner and to apply his brakes more slowly caused the tractor to be pushed to the wrong side of the road. The evidence was insufficient to show that the defendant intended to commit the unlawful act of not driving to the right of the center of the highway, or that the truck was on the wrong-side of the highway as a result of such reckless conduct of the defendant as would import a thoughtless disregard for consequences or indifference to the safety of others and reasonable foresight that death or bodily harm would result.
The trial court erred in overruling the defendant’s motion for new trial on the general grounds.
Judgment reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.