Wheeler v. State

Supreme Court of Georgia

Wheeler v. State

235 S.E.2d 37, 238 Ga. 719, 1977 Ga. LEXIS 1176

CourtSupreme Court of Georgia

DecidedApril 27, 1977

Docket32166

StatusPublished

Cited by1 cases

This text of 235 S.E.2d 37 (Wheeler v. State) 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.

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Wheeler v. State, 235 S.E.2d 37, 238 Ga. 719, 1977 Ga. LEXIS 1176 (Ga. 1977).

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Opinion

Undercofler, Presiding Justice.

Defendant, Thomas Leon Wheeler, appeals from his murder conviction and life sentence on the sole basis that the trial court erred in refusing to charge on involuntary manslaughter pursuant to his request. There was no evidence that the killing occurred while in the commission of an unlawful act other than a felony or of a lawful act carried out in an unlawful manner, which would authorize such a charge. Therefore, the trial court did not err in refusing to give the charge, and we affirm.

Judgment affirmed.

All the Justices concur. Bowles, J., not participating. Submitted April 13, 1977 — Decided April 27, 1977. Markwalter, Cook & Shaffer, R. Robider Mark-waiter, C. R. Cook, for appellant. Walker P. Johnson, Jr., District Attorney, Charles H. Weston, Assistant District Attorney, Arthur K. Bolton, Attorney General, Isaac Byrd, Staff Assistant Attorney General, for appellee.

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Undercofler, Presiding Justice.

Defendant, Thomas Leon Wheeler, appeals from his murder conviction and life sentence on the sole basis that the trial court erred in refusing to charge on involuntary manslaughter pursuant to his request. There was no evidence that the killing occurred while in the commission of an unlawful act other than a felony or of a lawful act carried out in an unlawful manner, which would authorize such a charge. Therefore, the trial court did not err in refusing to give the charge, and we affirm.

Judgment affirmed.

All the Justices concur. Bowles, J., not participating. Submitted April 13, 1977 — Decided April 27, 1977. Markwalter, Cook & Shaffer, R. Robider Mark-waiter, C. R. Cook, for appellant. Walker P. Johnson, Jr., District Attorney, Charles H. Weston, Assistant District Attorney, Arthur K. Bolton, Attorney General, Isaac Byrd, Staff Assistant Attorney General, for appellee.

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235 S.E.2d 37, 238 Ga. 719, 1977 Ga. LEXIS 1176, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wheeler-v-state-ga-1977.

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