Chappell v. State

Bell, Chief Judge.

Defendant was indicted for murder but was convicted of voluntary manslaughter. Held:

1. The defendant contends that the trial court erred in failing to charge the jury on involuntary manslaughter. The state’s evidence revealed that defendant and the deceased while present at a rooming house in Atlanta, became engaged in a fight over the purchase of marijuana. Defendant was armed with a pistol and the deceased was unarmed. The two combatants moved outside the house into the street. Defendant fired his pistol and inflicted a fatal head wound. The defendant testified that while…