Hayes v. State
Court of Appeals of Georgia
Indictment for. involuntary manslaughter; from Fulton superior court — Judge R. T. Daniel presiding. April 20, 1912. The defendant was indicted for the offense of involuntary manslaughter in the commission of an unlawful act, it being charged that he unlawfully ran over and killed the person named in the indictment, with an automobile, at a point in the City of Atlanta, where Gordon street and Holderness street intersect and cross.
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Indictment for. involuntary manslaughter; from Fulton superior court — Judge R. T. Daniel presiding. April 20, 1912. The defendant was indicted for the offense of involuntary manslaughter in the commission of an unlawful act, it being charged that he unlawfully ran over and killed the person named in the indictment, with an automobile, at a point in the City of Atlanta, where Gordon street and Holderness street intersect and cross. It was alleged that the unlawful act consisted in a violation of the act of the General Assembly, approved August 13, 1910, entitled “An act to regulate the…
1Opinion of the CourtPottle, J.
(After stating the foregoing facts.)
1. In this State involuntary manslaughter is thus defined: “Involuntary manslaughter shall consist in the killing of a human being without any intention to do so, but in the commission of an unlawful act, or a lawful act, which probably might produce such a consequence, in an unlawful manner: provided, that where such involuntary killing shall happen in the commission of an unlawful act 'which, in its consequences, naturally tends to destroy the life óf a human being, or is committed in the prosecution of a riotous intent, or of a crime punishable by death…
2Cases cited14 opinions
- Swan & Finch Co. v. United StatesSupreme Court of the United States · 1903
- United States v. BrewerSupreme Court of the United States · 1891
- State v. . PartlowSupreme Court of North Carolina · 1884
- State ex rel. Wyatt v. AshbrookSupreme Court of Missouri · 1900
- Ex parte JacksonSupreme Court of Arkansas · 1885
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3Cited by76 opinions
- Ex Parte DanielsCalifornia Supreme Court · 1920
- M. W. Holloway v. Clay E. McElroy WardenCourt of Appeals for the Fifth Circuit · 1981
- The People v. GreenIllinois Supreme Court · 1938
- State v. BolsingerSupreme Court of Minnesota · 1946
- Commonwealth v. PentzMassachusetts Supreme Judicial Court · 1924
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