Johnson v. State

Quillian, Presiding Judge.

Defendant appeals his conviction for homicide by vehicle in the first degree in violation of OCGA § 40-6-393 (a), which provides: “Any person who, without malice aforethought, causes the death of another person through the violation of Code Section 40-6-390 [reckless driving] or 40-6-391 [driving under the influence] . . . commits the offense of homicide by vehicle in the first degree ...”

The evidence authorized the jury to find that at about midnight October 31, 1981, defendant was driving east on state highway 120 (a two lane road) in his pickup truck under the…