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Summerour v. State

184 S.E.2d 365, 124 Ga. App. 484, 1971 Ga. App. LEXIS 978
CourtCourt of Appeals of Georgia
DecidedSeptember 29, 1971
Docket46406
StatusPublished
Cited by2 cases

This text of 184 S.E.2d 365 (Summerour v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Summerour v. State, 184 S.E.2d 365, 124 Ga. App. 484, 1971 Ga. App. LEXIS 978 (Ga. Ct. App. 1971).

Opinion

Jordan, Presiding Judge.

The defendant, tried for murder, appeals a conviction of voluntary manslaughter. His admitted and undisputed conduct discloses the commission of an act which would be a felony if the victim had lived, i.e., aggravated assault by shooting at another (Ga. L. 1968, pp. 1249, 1280; Code Ann. § 26-1302) unless legally excusable. Under these circumstances the trial judge properly treated the situation as one limited to murder, voluntary manslaughter, or excusable homicide, and did not err in failing to instruct the jury on involuntary manslaughter (Ga. L. 1968, pp. 1249, 1276; Code Ann. § 26-1103) as a lesser included offense. Tate v. State, 123 Ga. App. 18 (2) (179 SE2d 307); Teal v. State, 122 Ga. App. 532 (177 SE2d 840).

Judgment affirmed.

Quillian and Evans, JJ., concur.

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Related

Simmons v. State
298 S.E.2d 313 (Court of Appeals of Georgia, 1982)
Henderson v. State
266 S.E.2d 522 (Court of Appeals of Georgia, 1980)

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Bluebook (online)
184 S.E.2d 365, 124 Ga. App. 484, 1971 Ga. App. LEXIS 978, Counsel Stack Legal Research, https://law.counselstack.com/opinion/summerour-v-state-gactapp-1971.