Ogilvie v. State

SMITH, Presiding Judge.

Shirley Ogilvie appeals from her convictions of vehicular homicide in the second degree (OCGA § 40-6-393 (c)) and failing to stop for a pedestrian in a crosswalk (OCGA § 40-6-91 (a)). She contends that the accusation was fatally defective and that the trial court erred in its charge to the jury. Because the trial court erred by declining to give Ogilvie’s requested charge on accident, we reverse.

The record shows that the charges against Ogilvie resulted from her striking a seven-year-old child in a crosswalk that went across three lanes of traffic. At the time of the…