State v. Allen

Supreme Court of Georgia

State v. Allen

256 S.E.2d 381, 243 Ga. 508, 1979 Ga. LEXIS 964

CourtSupreme Court of Georgia

DecidedApril 17, 1979

Docket34460

StatusPublished

Cited by2 cases

This text of 256 S.E.2d 381 (State v. Allen) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Allen, 256 S.E.2d 381, 243 Ga. 508, 1979 Ga. LEXIS 964 (Ga. 1979).

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Opinion

Undercofler, Presiding Justice.

This is a certiorari to the Court of Appeals. Allen v. State, 147 Ga. App. 701 (250 SE2d 5) (1978). The only question is whether a requested charge on involuntary manslaughter under Code Ann. § 26-1103 (b) was required. The recitation of facts in the Court of Appeals opinion appears not to require such charge; however, the principle of law relied upon is correct. Jackson v. State, 76 [509]*509Ga. 473 (2) (1886); Warnack v. State, 3 Ga. App. 590 (2) (60 SE 288) (1907). Since the interpretation of the evidence is not a matter of gravity we dismiss the certiorari as improvidently granted.

Argued March 12, 1979 Decided April 17, 1979. Harry N. Gordon, District Attorney, B. Thomas Cook, Jr., Chief Assistant District Attorney, Valerie E. Caproni, for appellant. Jack Affleck, for appellee.

Certiorari dismissed.

All the Justices concur, except Hall, J., who concurs in the judgment only.

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Undercofler, Presiding Justice.

This is a certiorari to the Court of Appeals. Allen v. State, 147 Ga. App. 701 (250 SE2d 5) (1978). The only question is whether a requested charge on involuntary manslaughter under Code Ann. § 26-1103 (b) was required. The recitation of facts in the Court of Appeals opinion appears not to require such charge; however, the principle of law relied upon is correct. Jackson v. State, 76 [509]*509Ga. 473 (2) (1886); Warnack v. State, 3 Ga. App. 590 (2) (60 SE 288) (1907). Since the interpretation of the evidence is not a matter of gravity we dismiss the certiorari as improvidently granted.

Argued March 12, 1979 Decided April 17, 1979. Harry N. Gordon, District Attorney, B. Thomas Cook, Jr., Chief Assistant District Attorney, Valerie E. Caproni, for appellant. Jack Affleck, for appellee.

Certiorari dismissed.

All the Justices concur, except Hall, J., who concurs in the judgment only.

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256 S.E.2d 381, 243 Ga. 508, 1979 Ga. LEXIS 964, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-allen-ga-1979.

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