Gaston v. State

Pope, Chief Judge.

Defendant Charles Gaston appeals his conviction for voluntary manslaughter and the trial court’s denial of his motion for new trial.

1. Defendant argues the trial court erred in failing to charge on accident, his sole defense to the crime charged. The defense of accident is set forth at OCGA § 16-2-2, which provides: “A person shall not be found guilty of any crime committed by misfortune or accident where it satisfactorily appears there was no criminal scheme or undertaking, intention, or criminal negligence.” (Emphasis supplied.) The defendant’s own testimony belies his…