Stewart v. State

Shulman, Presiding Judge.

Defendant appeals his conviction of the offense of involuntary manslaughter, under Code Ann. § 26-1103 (a), complaining of the trial court’s refusal, upon request, to charge on involuntary manslaughter in the commission of a lawful act in an unlawful manner. Code Ann. § 26-1103 (b). We reverse.

' 1. It is the state’s position that at the time the gun discharged, the defendant was engaged in an act of reckless conduct, an unlawful act (see Code Ann. § 26-2910), and that there was no evidence to support a charge that defendant was engaged in a lawful act at the time the…