No merger into conviction for felony murder.

- Conviction under O.C.G.A. § 16-11-103 for discharging a gun within 50 yards of a public highway does not merge into a felony murder conviction. Hawkins v. State, 262 Ga. 193, 415 S.E.2d 636 (1992).

Not lesser included offense of attempted murder.

- Offense of O.C.G.A. § 16-11-103 was not a lesser included offense of attempted murder and aggravated assault on a police officer when the evidence showed that the latter crimes were completed. Thomas v. State, 226 Ga. App. 441, 487 S.E.2d 75 (1997).

Mentally retarded individuals.

- Defendant admitted to knowing that defendant should not discharge a gun within the city limits, that defendant was already in trouble for shooting a dog, and defendant knew that defendant was still holding the gun when defendant pointed the gun at a person; thus, defendant, even though mentally retarded, could be convicted of reckless conduct. Cox v. State, 216 Ga. App. 86, 453 S.E.2d 471 (1995).

Defense of accidental homicide was not involved when death results from violation of former Code 1933, § 26-7301 (see now O.C.G.A. § 16-11-103). Creel v. State, 216 Ga. 233, 115 S.E.2d 552 (1960).

Evidence sufficient to support conviction.

- When a witness testified that the defendant fired a gun from "right there at a clothesline" and an officer testified that the distance from the clothesline to the street was "right at 50 yards," the evidence was sufficient to support a conviction. Parker v. State, 234 Ga. App. 137, 505 S.E.2d 784 (1998).

Evidence was sufficient to support a juvenile's delinquency adjudication based on charges of aggravated assault, possession of a firearm by a minor, and discharge of a gun or pistol near a street, in violation of O.C.G.A. §§ 16-5-21(a),16-11-132(b), and16-11-103, as the juvenile was at a party and went outside with a crowd of others due to a fight, and the juvenile fired a gun into the air while standing in the midst of a crowd; the juvenile was identified by three eyewitnesses, whose testimony established that the eyewitnesses were placed in reasonable apprehension of immediate violent injury due to the juvenile's actions. In the Interest of C.D.G., 279 Ga. App. 718, 632 S.E.2d 450 (2006).

No fatal variance between the indictment and the proof at trial was shown since the indictment specifically alleged that defendant discharged a firearm, a .380 caliber handgun, near a public road and highway and the state offered proof of that very conduct. Jett v. State, 246 Ga. App. 429, 540 S.E.2d 209 (2000).

Cited in Burns v. State, 240 Ga. 827, 242 S.E.2d 579 (1978).

Am. Jur. 2d.

- 79 Am. Jur. 2d, Weapons and Firearms, § 32.

C.J.S.

- 94 C.J.S., Weapons, § 62 et seq.