Hilburn v. State

1. The very essence of involuntary manslaughter is “the killing of a human being without any intention to do so.” Code, § 26-1009. “Involuntary manslaughter, whether it be the killing of a human being in the commission of an unlawful act, or the killing of a human being in the commission of a lawful act without due caution and circumspection, is the killing of a human being when there is no intention to kill.” Barbee v. State, 175 Ga. 307 (2), 310 (165 S. E. 232). “There can be no involuntary manslaughter where the intention is to kill. If there is any evidence to raise a doubt, even though…