Legal Opinion

Thomas v. State

Court of Appeals of Georgia

Decided January 21, 1955No. 35438PublishedCited by 3 opinions

1Opinion of the CourtTownsend, J.

1. In Carbo v. State, 4 Ga. App. 583 (62 S. E. 140), it was held: “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…

2Cases cited4 opinions

  1. Cain v. StateCourt of Appeals of Georgia · 1937
  2. Carbo v. StateCourt of Appeals of Georgia · 1908
  3. Overman v. StateSupreme Court of Georgia · 1939
  4. Nelson v. StateCourt of Appeals of Georgia · 1921

3Cited by3 opinions

  1. Bohannon v. StateCourt of Appeals of Georgia · 1998
  2. Bohannon v. StateCourt of Appeals of Georgia · 1998
  3. Solomon v. StateCourt of Appeals of Georgia · 1966

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