Howard v. State

Smith, Judge.

Kay Milligan Howard was charged with murder. She was convicted by a jury of felony grade involuntary manslaughter, OCGA § 16-5-3 (a), and her motion for new trial was denied.

Howard was charged in the shooting death of her husband, Kell Leverne Howard. Her defense was that the gun she was holding discharged accidentally. At the charge conference, defense counsel requested a charge on reckless conduct, OCGA § 16-5-60 (b). The court agreed to charge on reckless conduct as requested by the defense, but stated it would also have to charge OCGA § 16-5-3 (a), involuntary manslaughter by…