Legal Opinion

Howard v. State

Court of Appeals of Georgia

Decided June 16, 1920No. 10870PublishedCited by 4 opinions

(Certiorari was granted by tbe Supreme Court.) Indictment for murder; from DeKalb superior court — Judge Smith. August 21, 1919. For the killing of a child by an automobile, David Howard was indicted for murder and was found guilty of involuntary manslaughter in the commission of an unlawful act.

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(Certiorari was granted by tbe Supreme Court.) Indictment for murder; from DeKalb superior court — Judge Smith. August 21, 1919. For the killing of a child by an automobile, David Howard was indicted for murder and was found guilty of involuntary manslaughter in the commission of an unlawful act. The child was killed in a public street of the town of Kirkwood, and according to some of the testimony the automobile was being driven by the defendant at a high rate of speed and in excess of 30 miles an hour, and ran a considerable distance after it struck the child, and no signal of approach was…

1Opinion of the CourtBloodwoktii, J.

1. When considered in connection with all the facts of the ease and in the light of the remainder of the charge of the court, the excerpts from the charge of which complaint is made contain no error that would demand the grant of a new trial.

2. In the motion for a new trial it is alleged that “ the court, erred in not defining to the jury what would he involuntary manslaughter in the commission of a lawful act without due caution and circumspection.” The judge charged the section of the code covering this grade of homicide, and otherwise charged correctly on this subject, and if a fuller…

2Cases cited3 opinions

  1. Hayes v. StateCourt of Appeals of Georgia · 1912
  2. Pickens v. StateSupreme Court of Georgia · 1909
  3. Empire Life Insurance v. AllenSupreme Court of Georgia · 1914

3Cited by4 opinions

  1. Cammons v. StateCourt of Appeals of Georgia · 1939
  2. Poole v. StateCourt of Appeals of Georgia · 1933
  3. Jordan v. StateCourt of Appeals of Georgia · 1961
  4. Daniel v. StateCourt of Appeals of Georgia · 1929

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