Sears v. State

I respectfully dissent from the majority opinion’s conclusion that the trial court’s failure to give a requested charge on accident does not warrant reversal. Appellant made statements that he shook and hit the victim with the intent to revive her. While appellant’s actions were intentional, appellant’s statements suggest the actual result, the victim’s death, was not. Even such slight evidence warranted an instruction on accident as the defense requested. See Hudson v. State, 284 Ga. 595 (4) (669 SE2d 94) (2008); Koritta v. State, 263 Ga. 703, 704 (438 SE2d 68) (1994); Goodwin v. State, 262…