Clonts v. State
Court of Appeals of Georgia
Indictment for murder — conviction of involuntary manslaughter in the commission of an unlawful act; from Polk superior court —Judge Bartlett. May 30, 1916.
1Opinion of the CourtWade, C. J.
1. “When death results to one from the discharge of a gun in the hands of another, who had no intention to kill, the discharge being caused by the reckless manner in which the gun was handled, the slayer is guilty of involuntary manslaughter only.” Austin v. State, 110 Ga. 748 (36 S. E. 52, 78 Am. St. R. 134).
2. That the gun was pointed at the deceased was conclusively shown by the fact that the load discharged therefrom entered his face. Res ipsa loquitur. Any suggestion that the defendant was legally justified in pointing the gun at the deceased was completely negatived by his statement to…
2Cases cited2 opinions
- Warnack v. StateCourt of Appeals of Georgia · 1908
- Austin v. StateSupreme Court of Georgia · 1900
3Cited by3 opinions
- Maloof v. StateCourt of Appeals of Georgia · 1978
- Balkcom v. StateCourt of Appeals of Georgia · 1952
- Reed v. StateSupreme Court of Georgia · 1947