Lee v. State

(After stating the foregoing facts.) This is the second appearance here of this case. , In Lee v. State, 70 Ga. App. 61 (27 S. E. 2d, 347), where the accused was convicted of involuntary manslaughter in the commission of an unlawful act, this court held: "Under the evidence and the defendant’s statement to the jury, the offense of involuntary manslaughter in the commission of a lawful act without due caution and circumspection was also involved, and the court erred in failing to instruct the jury upon that branch of involuntary manslaughter.”

Upon the trial now under review, the court…