Moore v. State

Deen, Presiding Judge.

Horace Moore appeals from his conviction of involuntary manslaughter in the commission of a lawful act in an unlawful manner following the denial of his motion for a new trial. This appeal, challenging the constitutionality of Code Ann. § 26-2910 (reckless conduct), was transferred to this court by the Supreme Court.

1. The constitutionality of Code § 26-2910 has been decided adversely to appellant’s contention. Horowitz v. State, 243 Ga. 441 (254 SE2d 828) (1979). See also Mitchell v. State, 154 Ga. App. 399 (268 SE2d 360) (1980).

2. The trial court did not express an…