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10 Georgia opinions name it 2 courts 1983–2022 1 in the last five years
The cases below were cited by Georgia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Harris v. Stategreen2 sentences2022Much like “[t]he intentional use of a gun[,] the deadly force of which is known to all,” the force involved in strangling a person to the point of unconsciousness, tying cloth tightly around that person’s neck, and then tying the person’s hands in a way designed to prevent that person from relieving tension from the neck restraint “is simply inconsistent with the lack of intent to kill which is a prerequisite in involuntary manslaughter.” Harris v. State, 272 Ga. 455, 456 (3) (532 SE2d 76 (2000) (citation and punctuation omitted). 2022Much like “[t]he intentional use of a gun[,] the deadly force of which is known to all,” the force involved in strangling a person to the point of unconsciousness, tying cloth tightly around that person’s neck, and then tying the person’s hands in a way designed to prevent that person from relieving tension from the neck restraint “is simply inconsistent with the lack of intent to kill which is a prerequisite in involuntary manslaughter.” Harris v. State, 272 Ga. 455, 456 (3) (532 SE2d 76 (2000) (citation and punctuation omitted). | 4 | 4 |
Williams v. Stategreen2 sentences2022See Williams v. State, 301 Ga. 712, 718 (5) (804 SE2d 31) (2017) (holding that “a charge under OCGA § 16-5-3 (a) was not warranted” because the defendant “admitted that he intentionally shot the victim”). 2022See Williams v. State, 301 Ga. 712, 718 (5) (804 SE2d 31) (2017) (holding that “a charge under OCGA § 16-5-3 (a) was not warranted” because the defendant “admitted that he intentionally shot the victim”). | 2 | 2 |
Banks v. the Stategreen2 sentences2017Appellant argues that evidence was presented that he engaged in reckless gunplay by firing in the air, and that such an act would support a misdemeanor charge of reckless conduct, which in turn would support a charge of involuntary manslaughter under OCGA § 16-5-3 (a). 2 Appellant cites Simmons v. State, 266 Ga. 223 ( 466 SE2d 205 ) (1996), and Banks v. State, 329 Ga. App. 174 ( 764 SE2d 187 ) (2014), to the effect that “there was no evidence of [appellant’s] reckless conduct other than that directly related to the death of the victim.” 266 Ga. at 229 (7) (b), cited in 329 Ga. App. at 176 (2). 2017Appellant argues that evidence was presented that he engaged in reckless gunplay by firing in the air, and that such an act would support a misdemeanor charge of reckless conduct, which in turn would support a charge of involuntary manslaughter under OCGA § 16-5-3 (a). 2 Appellant cites Simmons v. State, 266 Ga. 223 ( 466 SE2d 205 ) (1996), and Banks v. State, 329 Ga. App. 174 ( 764 SE2d 187 ) (2014), to the effect that “there was no evidence of [appellant’s] reckless conduct other than that directly related to the death of the victim.” 266 Ga. at 229 (7) (b), cited in 329 Ga. App. at 176 (2). | 2 | 2 |
Bennett v. Stategreen2 sentences2017See Harris v. State, 272 Ga. 455, 456-457 (3) ( 532 SE2d 76 ) (2000) (where defendant admits he intentionally shot the victim, albeit in self-defense, a charge on the lesser offense of involuntary manslaughter is not warranted because “[t]he intentional use of a gun[,] the deadly force of which is known to all[,] is simply inconsistent with the lack of intent to kill which is a prerequisite in involuntary manslaughter” (punctuation omitted)); Bennett v. State, 254 Ga. 162, 163-164 (2) ( 326 SE2d 438 ) (1985) (involuntary manslaughter charge not warranted where defendant admitted he intentional 2017See Harris v. State, 272 Ga. 455, 456-457 (3) ( 532 SE2d 76 ) (2000) (where defendant admits he intentionally shot the victim, albeit in self-defense, a charge on the lesser offense of involuntary manslaughter is not warranted because “[t]he intentional use of a gun[,] the deadly force of which is known to all[,] is simply inconsistent with the lack of intent to kill which is a prerequisite in involuntary manslaughter” (punctuation omitted)); Bennett v. State, 254 Ga. 162, 163-164 (2) ( 326 SE2d 438 ) (1985) (involuntary manslaughter charge not warranted where defendant admitted he intentional | 2 | 2 |
Simmons v. Stategreen2 sentences2017Appellant argues that evidence was presented that he engaged in reckless gunplay by firing in the air, and that such an act would support a misdemeanor charge of reckless conduct, which in turn would support a charge of involuntary manslaughter under OCGA § 16-5-3 (a). 2 Appellant cites Simmons v. State, 266 Ga. 223 ( 466 SE2d 205 ) (1996), and Banks v. State, 329 Ga. App. 174 ( 764 SE2d 187 ) (2014), to the effect that “there was no evidence of [appellant’s] reckless conduct other than that directly related to the death of the victim.” 266 Ga. at 229 (7) (b), cited in 329 Ga. App. at 176 (2). 2017Appellant argues that evidence was presented that he engaged in reckless gunplay by firing in the air, and that such an act would support a misdemeanor charge of reckless conduct, which in turn would support a charge of involuntary manslaughter under OCGA § 16-5-3 (a). 2 Appellant cites Simmons v. State, 266 Ga. 223 ( 466 SE2d 205 ) (1996), and Banks v. State, 329 Ga. App. 174 ( 764 SE2d 187 ) (2014), to the effect that “there was no evidence of [appellant’s] reckless conduct other than that directly related to the death of the victim.” 266 Ga. at 229 (7) (b), cited in 329 Ga. App. at 176 (2). | 2 | 2 |
Cook v. Stategreen2 sentences1983Appellant was not entitled to a jury charge of OCGA § 16-5-3 (b) (Code Ann. § 26-1103), concerning involuntary manslaughter for having caused the death of another while in the commission of “a lawful act in an unlawful manner.” In Cook v. State, 249 Ga. 709, 712 ( 292 SE2d 844 ) and Raines v. State, 247 Ga. 504 (3), 506-507 ( 277 SE2d 47 ), the Supreme Court held that one handling a gun in such a way even as to accidentally kill another, has necessarily committed the crime of reckless conduct. 1983Appellant was not entitled to a jury charge of OCGA § 16-5-3 (b) (Code Ann. § 26-1103), concerning involuntary manslaughter for having caused the death of another while in the commission of “a lawful act in an unlawful manner.” In Cook v. State, 249 Ga. 709, 712 ( 292 SE2d 844 ) and Raines v. State, 247 Ga. 504 (3), 506-507 ( 277 SE2d 47 ), the Supreme Court held that one handling a gun in such a way even as to accidentally kill another, has necessarily committed the crime of reckless conduct. | 1 | 2 |
Harris v. Stategreen2 sentences1997Harris v. State, 257 Ga. 385, 386 ( 359 SE2d 675 ) (1987) (unlawful use of knife while repeatedly stabbing someone constitutes felony of aggravated assault). 1997Harris v. State, 257 Ga. 385, 386 ( 359 SE2d 675 ) (1987) (unlawful use of knife while repeatedly stabbing someone constitutes felony of aggravated assault). | 1 | 1 |
Crawford v. Stategreen2 sentences1988Saylors v. State, 251 Ga. 735, 737 (3) ( 309 SE2d 796 ) (1983); Crawford v. State, 245 Ga. 89, 91 (3) ( 263 SE2d 131 ) (1980). 1988Saylors v. State, 251 Ga. 735, 737 (3) ( 309 SE2d 796 ) (1983); Crawford v. State, 245 Ga. 89, 91 (3) ( 263 SE2d 131 ) (1980). | 1 | 1 |
Saylors v. Stategreen2 sentences1988Saylors v. State, 251 Ga. 735, 737 (3) ( 309 SE2d 796 ) (1983); Crawford v. State, 245 Ga. 89, 91 (3) ( 263 SE2d 131 ) (1980). 1988Saylors v. State, 251 Ga. 735, 737 (3) ( 309 SE2d 796 ) (1983); Crawford v. State, 245 Ga. 89, 91 (3) ( 263 SE2d 131 ) (1980). | 1 | 1 |
Truitt v. Stategreen2 sentences1983See also Truitt v. State, 156 Ga. App. 156 ( 274 SE2d 42 ). 1983See also Truitt v. State, 156 Ga. App. 156 ( 274 SE2d 42 ). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Raines v. State
green
2 sentences1983Appellant was not entitled to a jury charge of OCGA § 16-5-3 (b) (Code Ann. § 26-1103), concerning involuntary manslaughter for having caused the death of another while in the commission of “a lawful act in an unlawful manner.” In Cook v. State, 249 Ga. 709, 712 ( 292 SE2d 844 ) and Raines v. State, 247 Ga. 504 (3), 506-507 ( 277 SE2d 47 ), the Supreme Court held that one handling a gun in such a way even as to accidentally kill another, has necessarily committed the crime of reckless conduct. 1983Appellant was not entitled to a jury charge of OCGA § 16-5-3 (b) (Code Ann. § 26-1103), concerning involuntary manslaughter for having caused the death of another while in the commission of “a lawful act in an unlawful manner.” In Cook v. State, 249 Ga. 709, 712 ( 292 SE2d 844 ) and Raines v. State, 247 Ga. 504 (3), 506-507 ( 277 SE2d 47 ), the Supreme Court held that one handling a gun in such a way even as to accidentally kill another, has necessarily committed the crime of reckless conduct. | 1 | 1983–1983 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.