Johnson v. State

Shulman, Judge.

In a trial for the offense of murder, appellant was found guilty of voluntary manslaughter. We reverse.

1. Appellant asserts that the trial court erred in refusing to charge in accordance with the theory of accident. See Code Ann. § 26-602. We agree.

At trial appellant chose to take the stand. Appellant’s testimony showed that he picked up a shotgun in response to the victim’s advancing toward appellant in a menacing fashion, and that as appellant was attempting to load the shotgun, the shotgun accidentally discharged, striking the decedent.

The refusal to charge the law of…