Jones v. Swett

This is an appeal from an order of the trial court sustaining a motion to dismiss appellant’s complaint *716against the appellee for failure to state a claim.

The appellee Jake Swett shot and killed his wife, the natural mother of the appellants. He was indicted and convicted of murder and his conviction was affirmed by this court. Swett v. State, 242 Ga. 228 (248 SE2d 629) (1978). The appellants filed this action under the wrongful death statutes (Code Ann. § 105-1306) seeking damages against the appellee, their stepfather.

In granting the motion to dismiss the trial court relied on the case of…