White v. State

Cooper, Judge.

Appellant shot and killed the victim and was indicted for murder. He was convicted by a jury of aggravated assault and appeals from the judgment of conviction and the denial of his motion for a new trial. Appellant’s sole enumeration of error is the trial court’s failure to charge the jury on involuntary manslaughter in the commission of a lawful act in an unlawful manner.

Involuntary manslaughter is the unintentional killing of a person “by the commission of an unlawful act other than a felony” (OCGA § 16-5-3 (a)) or “by the commission of a lawful act in an unlawful manner…