Carbo v. State
Court of Appeals of Georgia
Indictment for involuntary manslaughter, from Chatham superior court — Judge Cann. October 28, 1907. Carbo and Simpson were indicted for involuntary manslaughter in the commission of an unlawful act, by using, within the corporate limits of the City of Savannah, a certain detonating and fulminating preparation to the grand jurors more particularly unknown, contrary to an ordinance of that city making it unlawful to sell or use any detonating or fulminating preparation, or…
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Indictment for involuntary manslaughter, from Chatham superior court — Judge Cann. October 28, 1907. Carbo and Simpson were indicted for involuntary manslaughter in the commission of an unlawful act, by using, within the corporate limits of the City of Savannah, a certain detonating and fulminating preparation to the grand jurors more particularly unknown, contrary to an ordinance of that city making it unlawful to sell or use any detonating or fulminating preparation, or instrument made or composed wholly or in part of nitroglycerine or other detonating or fulminating substance whatever.…
1Opinion of the CourtRussell, J.
1. There can be no conviction of the offense of involuntary manslaughter, either in the commission of an unlawful act, or in the commission of a lawful act without due caution and circumspection, where the homicide is directly due to an independent intervening cause in which the accused did not participate and which he could not foresee.
2. To constitute a crime there must be either the joint operation of act and intention, or criminal negligence. Criminal negligence necessarily implies, not only knowledge of probable consequences which may result from the use of a given instrumentality, but…
2Cases cited19 opinions
- Tidwell v. StateSupreme Court of Alabama · 1881
- Studstill v. StateSupreme Court of Georgia · 1849
- Savannah Electric Co. v. WheelerSupreme Court of Georgia · 1907
- Commonwealth v. MatthewsCourt of Appeals of Kentucky · 1889
- Perry v. Macon Consolidated Street RailroadSupreme Court of Georgia · 1897
14 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Cain v. StateCourt of Appeals of Georgia · 1937
- State v. GarnerSupreme Court of Louisiana · 1959
- Tift v. StateCourt of Appeals of Georgia · 1916
- Stukes v. TrowellCourt of Appeals of Georgia · 1969
- People v. HurleyCalifornia Court of Appeal · 1936
8 more not listed; retrieve them via the Exa API.