Kerbo v. State

Grice, Presiding Justice.

John Wesley Kerbo was indicted by the Grand Jury of Thomas County for the murder of Dorothea Larkins, and was tried and convicted in the superior court of that county. He was sentenced to life imprisonment.

In his appeal to this court his enumerations of error present one basic issue: whether the trial court should have charged on involuntary manslaughter in the commission of an unlawful act other than a felony. Code Ann. § 26-1103 (a) (Ga. L. 1968, pp. 1249, 1276).

The evidence, insofar as pertinent to this issue, was essentially the following:

The appellant and…