State v. Foster

Webb, Judge.

As a result of the enactment in 1974 of the vehicular homicide statute (Code Ann. § 68A-903), vehicular homicides which formerly were prosecuted as for involuntary manslaughter must now be prosecuted under the new statute. State v. Edwards, 236 Ga. 104 (222 SE2d 385) (1976); Berrian v. State, 139 Ga. App. 571 (228 SE2d 737) (1976). A fortiori a murder charge cannot be predicated upon a homicide resulting from "reckless disregard for the safety of persons” as that phrase is used in the reckless driving statute (Code Ann. § 68A-901) — that offense is expressly made "homicide by…