Coley v. State
| Decision Date | 30 January 1968 |
| Docket Number | No. 2,No. 43097,43097,2 |
| Parties | Norman COLEY v. The STATE |
| Court | Georgia Court of Appeals |
Syllabus by the Court
In a trial for the offense of involuntary manslaughter in the commission of an unlawful act, it was error to charge that the jury would be authorized to convict if an unlawful act 'contributed to' rather than proximately caused the death of the decedent.
The appellant appeals from a judgment of conviction and sentence for involuntary manslaughter.
In summary, the indictment returned against the defendant accused him of killing one William M. Campbell by driving a Ford pick-up truck into a Chevrolet automobile being driven by the deceased. The indictment charged that the defendant was operating his vehicle upon U.S. Route 280 in a westerly direction in the City of Abbeville, Wilcox County, in excess of twenty-five miles per hour in violation of an Abbeville ordinance; that the defendant was driving while under the influence of intoxicating liquors and beverages; that the defendant was driving upon the left half of the roadway and failed, while meeting the Chevrolet driven by Campbell, to turn to the right of the center of the highway so as to pass without interference and while engaged in such unlawful act did kill Campbell.
Reinhardt, Ireland, Whitley & Sims, Glenn Whitley, Bob Reinhardt, Tifton, Hugh Wilson, Ashburn, for appellant.
D. E. Turk, Sol. Gen., Abbeville, for appellee.
1. Four of appellant's enumerations assign error on the trial court's charging the jury with respect to (1) the offense of driving a vehicle upon the left half of a roadway; (2) the offense of driving while under the influence of intoxicating liquor; (3) the offense of speeding in the City of Abbeville; and (4) the offense of failing to pass to the right while meeting a vehicle proceeding in the opposite direction.
The charges are said to have been erroneous because the evidence was insufficient to support a finding by the jury that the defendant was guilty of any of these unlawful acts. These enumerations can not be considered for the reason that no such objections were made to the charge before the jury returned its verdict as required by Code Ann. § 70-207(a) (). Nathan v. Duncan, 113 Ga.App. 630, 638, 149 S.E.2d 383.
2. The appellant has enumerated as error the overruling by the trial court of an objection, timely made, to the following portion of the court's charge:
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