256 S.E.2d 381
34460.Supreme Court of Georgia.ARGUED MARCH 12, 1979.
DECIDED APRIL 17, 1979.
UNDERCOFLER, Presiding Justice.
This is a certiorari to the Court of Appeals. Allen v. State, 147 Ga. App. 701 (250 S.E.2d 5) (1978). The only question is whether a requested charge on involuntary manslaughter under Code Ann. § 26-1103 (b) was required. The recitation of facts in the Court of Appeals opinion appears not to require such charge; however, the principle of law relied upon is correct. Jackson v. State,
Page 509
76 Ga. 473 (2) (1886); Warnack v. State, 3 Ga. App. 590 (2) (60 S.E. 288) (1907). Since the interpretation of the evidence is not a matter of gravity we dismiss the certiorari as improvidently granted.
Certiorari dismissed. All the Justices concur, except Hall, J., who concurs in the judgment only.
ARGUED MARCH 12, 1979 — DECIDED APRIL 17, 1979.
Certiorari to the Court of Appeals of Georgia — 147 Ga. App. 701
(250 S.E.2d 5) (1978).
Harry N. Gordon, District Attorney, B. Thomas Cook, Jr., Chief Assistant District Attorney, Valerie E. Caproni, for appellant.
Jack Affleck, for appellee.