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SMITH v. STATE

No. S97A0209.

483 S.E.2d 589 (1997)

267 Ga. 838

SMITH v. The STATE.

Supreme Court of Georgia.

April 14, 1997.

Attorney(s) appearing for the Case

W. Kenneth Blackstone, Hazlehurst, for James Donald Smith.

Glenn Thomas, Jr., Dist. Atty., John B. Johnson, III, Chief Asst. Dist. Atty., Jesup, Michael J. Bowers, Atty. Gen., H. Maddox Kilgore, Asst. Atty. Gen., Paula K. Smith, Senior Asst. Atty. Gen., Department of Law, Atlanta, for the State.

FLETCHER, Presiding Justice.

A jury convicted James Donald Smith of malice murder in the death of David Overstreet.1 He appeals contending the trial court erred in failing to instruct the jury on involuntary manslaughter. Because the evidence did not support a charge of involuntary manslaughter, we affirm.

1. The evidence at trial showed that on November 15, 1994, Smith and Overstreet were attending a party and Smith insulted Overstreet...

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