Cooper v. State

McMurray, Presiding Judge.

Defendants were indicted for murder and convicted of involuntary manslaughter in the commission of an unlawful act. Defendants appeal, enumerating error arising from the trial court’s charge to the jury. Held:

Defendant’s sole enumeration of error is “[t]he trial court erred in charging the jury that involuntary manslaughter in this situation was a misdemeanor, without ever correcting the charge to show that the case required a felony conviction by the jury, and after receiving a verdict of involuntary manslaughter, setting a sentence of five years to serve.” The…