Legal Opinion

Spradlin v. State

Court of Appeals of Georgia

Decided February 28, 1980No. 57964PublishedCited by 5 opinions

1Opinion of the Court

The Supreme Court has remanded this case for reconsideration in light of Ward v. State, 151 Ga. App. 36 (258 SE2d 699) (1979).

Ward, supra, p. 37, held that the defendant "admitted that she shot the victim. This, of course, raises a presumption that she intended to kill him. [Cits.] A charge on involuntary manslaughter is not warranted where the evidence establishes without conflict that the killing was intentional rather than unintentional. [Cits.] The facts in the instant case provide no evidentiary basis for a charge on involuntary manslaughter.” (Emphasis supplied.)

In the instant case the…

2Cases cited4 opinions

  1. Jackson v. StateSupreme Court of Georgia · 1975
  2. Jackson v. StateCourt of Appeals of Georgia · 1977
  3. Ward v. StateCourt of Appeals of Georgia · 1979
  4. Allen v. StateCourt of Appeals of Georgia · 1978

3Cited by5 opinions

  1. Bowers v. StateCourt of Appeals of Georgia · 1985
  2. Motes v. StateCourt of Appeals of Georgia · 1989
  3. Givens v. StateCourt of Appeals of Georgia · 1987
  4. Hickman v. StateCourt of Appeals of Georgia · 1988
  5. Motes v. StateCourt of Appeals of Georgia · 1989

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