Smith v. State

MacIntyre, J,

The indictment in this case charges that on December 24, 1933, in Wilkes county, Georgia, Jim Smith committed murder by “striking Tucker Smith with a certain rock, and thereby inflicting upon the said Tucker Smith a mortal wound.” Having been convicted of voluntary manslaughter, the defendant moved for a new trial upon the general grounds and certain special grounds. He excepts to the overruling of the motion.

The ninth special ground avers that the court erred in failing to charge “the law relative to involuntary manslaughter in the commission of an unlawful act.” There having…