Beneke v. Parker

Blackburn, Presiding Judge.

In Beneke v. Parker, 1 the Supreme Court of Georgia affirmed in part and reversed in part the judgment of this Court in Beneke v. Parker. 2 Therefore, we vacate that portion of Division 1 of our opinion that the Supreme Court reversed and adopt the opinion of the Supreme Court as our own. The remainder of our opinion remains unchanged.

In doing so, we observe that the Supreme Court has emphasized in prior decisions that under OCGA § 16-2-1, “[flor a violation of a statute to constitute a crime in Georgia, either criminal intention or criminal negligence must be…