Supreme Court of Georgia, 1979

State v. Allen

Supreme Court of Georgia · Decided April 17, 1979 · Undercofler

243 Ga. 508; 256 S.E.2d 381; 1979 Ga. LEXIS 964

Cases that cite this one

2 later published cases cite this decision.

Arnett v. State (Ga. 1980)
Crawford v. State (Ga. 1980)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Undercofler, Presiding Justice.

This is a certiorari to the Court of Appeals. Allen v. State, 147 Ga. App. 701 (250 SE2d 5) (1978). The only question is whether a requested charge on involuntary manslaughter under Code Ann. § 26-1103 (b) was required. The recitation of facts in the Court of Appeals opinion appears not to require such charge; however, the principle of law relied upon is correct. Jackson v. State, 76 *509Ga. 473 (2) (1886); Warnack v. State, 3 Ga. App. 590 (2) (60 SE 288) (1907). Since the interpretation of the evidence is not a matter of gravity we dismiss the certiorari as improvidently granted.

Argued March 12, 1979 Decided April 17, 1979. Harry N. Gordon, District Attorney, B. Thomas Cook, Jr., Chief Assistant District Attorney, Valerie E. Caproni, for appellant. Jack Affleck, for appellee.

Certiorari dismissed.

All the Justices concur, except Hall, J., who concurs in the judgment only.

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