Mansfield v. State

Carley, Judge.

Appellant was indicted and tried under Code Ann. § 26-1103 (a) for the offense of involuntary manslaughter in the commission of an unlawful act, to wit: simple battery. From the judgment entered on the jury verdict finding appellant guilty, he appeals to this court.

1. Contrary to the assertions of appellant, there is no fatal variance between the allegations in the indictment and the proof presented at trial. Evidence adduced at trial would authorize the jury to find that the victim, while in a highly intoxicated condition, was being beaten and kicked by appellant and two other…