Snell v. State
306 Ga. App. 651
| Ga. Ct. App. | 2010Background
- Snell was convicted by a Baker County jury of felony involuntary manslaughter as a lesser included offense to felony murder; the trial court denied his motion for a new trial.
- Snell appeals on two grounds: insufficient evidence to convict and error in failing to charge reckless conduct and misdemeanor involuntary manslaughter as separate lesser included offenses.
- The relevant facts show Snell shot and killed his brother-in-law after a heated family argument at a relative’s home, while armed with a loaded handgun concealed under his jacket.
- Eyewitnesses testified Snell drew the handgun, pointed it at the victim, and shot at point-blank range; Snell testified the gun discharged accidentally when it fell from his jacket.
- The jury was instructed on the misdemeanor offense of reckless conduct as the underlying unlawful act for involuntary manslaughter.
- The Court of Appeals affirmed, finding the evidence sufficient for felony involuntary manslaughter and no error in not charging reckless conduct as a separate offense or misdemeanor involuntary manslaughter.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for felony involuntary manslaughter | Snell argues evidence was insufficient to prove unintended death from an unlawful act. | Snell contends the fatal shooting could not be established as involuntary manslaughter. | Evidence sufficient; rational jury could convict. |
| Charge on reckless conduct as separate lesser offense | There was evidence of reckless conduct warranting a separate charge. | Reckless conduct evidence related only to involuntary manslaughter; not a separate offense here. | No error; no separate reckless conduct charge required. |
| Charge on misdemeanor involuntary manslaughter as separate lesser offense | Carrying a concealed handgun could constitute a lawful act under misdemeanor involuntary manslaughter. | Carrying a concealed weapon was unlawful; no lawful act to base a misdemeanor involuntary manslaughter charge. | Not warranted; Snell was not engaged in a lawful act. |
Key Cases Cited
- Noble v. State, 282 Ga.App. 311 (Ga. App. 2006) (sufficiency standard; not weighing credibility but upholding if any competent evidence supports elements)
- Dorsey v. State, 297 Ga.App. 268 (Ga. App. 2009) (upholds verdict where evidence supports beyond reasonable doubt)
- Jackson v. State, 276 Ga. 408 (Ga. 2003) (reasonable-doubt standard for guilt; context for sufficiency review)
- Simmons v. State, 266 Ga. 223 (Ga. 1996) (reckless-conduct charge in felony murder context)
- Reed v. State, 279 Ga. 81 (Ga. 2005) (involuntary manslaughter charge requires evidence supporting it)
- Cross v. State, 199 Ga.App. 266 (Ga. App. 19911) (reckless conduct as a lesser included offense analysis)
- Grimes v. State, 199 Ga.App. 152 (Ga. App. 1991) (reckless conduct instructions related to involuntary manslaughter)
- Reinhardt v. State, 263 Ga. 113 (Ga. 1993) (felony-murder charge and related jury instruction considerations)
- Vergara v. State, 283 Ga. 175 (Ga. 2008) (requirements for charging on culpable mental states in felony cases)