Morris v. State
310 Ga. App. 126
| Ga. Ct. App. | 2011Background
- Morris punched a pedestrian, who died from a skull fracture after the fall and head impact.
- Morris was indicted for voluntary manslaughter but convicted of involuntary manslaughter.
- The State moved to amend the indictment from voluntary to involuntary manslaughter on the trial's first day; Morris objected.
- The trial court allowed the amendment and instructed the jury on involuntary manslaughter in the form of simple battery.
- Evidence showed Morris intentionally struck the pedestrian; the medical examiner attributed death to blunt force head trauma.
- On appeal, Morris challenges the indictment amendment and the sufficiency of notice for the lesser offense.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the indictment properly amended to involuntary manslaughter? | Morris contends amendment was improper and violated notice. | State contends lesser included offense charge was properly encompassed by the indictment. | No error; indictment included the lesser offense and notice was adequate. |
| Does the indictment sufficiently allege the essential elements of involuntary manslaughter by simple battery despite lack of explicit intent? | Morris argues lack of explicit intent voids the indictment. | State argues intent can be inferred from the indictment's conduct. | Indictment suffices; inferable intent satisfies essential elements. |
| Was there sufficient evidence to support involuntary manslaughter by the unlawful act of simple battery? | Evidence shows a single punch causing fatal head injury; argues insufficiency for this lesser offense. | Evidence, including eyewitness testimony and medical causation, supports the charge. | Yes; evidence supports involuntary manslaughter by simple battery. |
Key Cases Cited
- Gordon v. State, 294 Ga. App. 908 (Ga. App. 2008) (standard of viewing evidence in light most favorable to verdict)
- United States v. Castro, 89 F.3d 1443 (11th Cir. 1996) (constructive amendments and inclusion of lesser offenses)
- Spence v. State, 7 Ga. App. 825 (Ga. App. 1910) (indictment may include lesser included offenses)
- Millender v. State, 286 Ga. App. 331 (Ga. App. 2007) (notice and inclusion of lesser offenses in indictment)
- Buchanan v. State, 173 Ga. App. 554 (Ga. App. 1985) (allegation that use of fists caused bodily injury sufficiently alleges simple battery)