Harris v State
Ct of App. Georgia, 1937
Author:- Sam Biers

Facts: Harris argued with the deceased at the deceased place of business concerning the whereabouts of a jug.  The def called the deceased a goddamn liar.  The deceased was considerably larger than the def.  The deceased struck the def two hard blows, to which the def shot him in the leg.  As the deceased continued by striking the def in the head with a stick and then attempting to hit him with a wagon/cart, def shot him once more in the stomach and shoulder, which caused him to die.

Issue: Whether the jury charge should have included involuntary manslaughter?

Holding: No

Procedure: Jury trial guilty of voluntary manslaughter.  Motion 4 new trial denied. Affirmed.

Rule: Intent to kill is required for voluntary manslaughter and not involuntary.

Court Rationale: Where one fires a gun at another, without excuse and not under circumstances of justification and kills that person, the slayer is responsible for the act as being a reckless wanton, felonious disregard of the safety of human life.

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