Berrian v. State

Marshall, Judge.

The defendant Berrian brings this appeal from his conviction of involuntary manslaughter and a sentence of five years in the penitentiary. He enumerates as error: (1) allegedly improper remarks made by the prosecutor during closing argument; and (2) the fact that the sentence imposed was based upon a conviction of the crime of involuntary manslaughter as proscribed by Ga. L. 1968, pp. 1249, 1276 (Code Ann. § 26-1103 (a)) (a felony) rather than a motor vehicular death as proscribed in Chapter 68A (Uniform Rules of the Road, Ga. L. 1974, pp. 633, 674 (Code Ann. § 68A-903 (b))).…