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Ogilvie v. State

The Court reversed the defendant's convictions for second degree vehicular homicide and failure to stop for a pedestrian in a crosswalk because the trial court erred in declining to give her requested charge on accident.

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Shirley Ogilvie appeals from her convictions of vehicular homicide in the second degree OCGA § 40-6-393 c and failing to stop for a pedestrian in a crosswalk OCGA § 40-6-91 a. She contends that the accusation was fatally defective and that the trial court erred in its charge to the jury. Because the trial court erred by declining to give Ogilvie’s requested charge on accident, we reverse. 1. Ogilvie contends that both counts of the accusation were fatally defective because they did not specifically allege essential elements of the crimes. The accusation at issue provided:

COUNT 1 On behalf of the people of the State of Georgia, the undersigned . . . does hereby charge and accuse Shirley Rita Ogilvie with the offense of VEHICULAR HOMICIDE IN THE SECOND DEGREE O.C.G.A. § 40-6-393 c on February 2, 2009, in that Shirley Rita Ogilvie did, while operating a motor vehicle, cause the death of Lameron Michael Dunmore, a human being, without any intention to do so, through the violation of O.C.G.A. § 40-6-91, PEDESTRIAN IN CROSSWALK, by failing to stop and remain stopped to allow a pedestrian to cross the roadway within a crosswalk; COUNT 2

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