Brown v. State

Birdsong, Judge.

The appellant Sammy Brown and his deceased wife were arguing when, by his own admission, appellant got a gun out of a drawer and brandished it at his wife “to scare her.” Mrs. Brown knocked the gun out of his hand twice, but each time appellant picked it up. Ultimately, Mrs. Brown and appellant struggled over the gun and it went off, killing Mrs. Brown. Held:

1. Appellant was not entitled to a jury charge of OCGA § 16-5-3 (b) (Code Ann. § 26-1103), concerning involuntary manslaughter for having caused the death of another while in the commission of “a lawful act in an unlawful…