Morris v. State

The indictment was not void based on absence of specific reference to the defendant's intent because the indictment language necessarily raised the inference that the defendant intended to cause harm.

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Isaac Morris got out of his vehicle and punched a pedestrian, who fell backwards onto the pavement and later died from the resulting skull fracture. Morris was indicted on the charge of voluntary manslaughter, but was convicted of involuntary manslaughter. On appeal from the denial of his motion for a new trial, Morris contends that the trial court erred by allowing the State to amend the indictment to charge the crime of involuntary manslaughter. He further contends that his conviction is void because it rests upon an indictment that did not allege the critical element of intent. For the reasons discussed below, we affirm. Following a criminal conviction, we view the evidence in the light most favorable to the jury’s verdict. Gordon v. State , 294 Ga. App. 908 1 670 SE2d 533 2008. So viewed, the evidence showed that on July 10, 2007, Morris was driving his truck during evening rush hour. As he turned left onto a side street to avoid the heavy traffic, Morris almost struck a pedestrian walking across the intersection.1 After the near collision, Morris stopped his truck in the middle of the street, got out, exchanged words with the pedestrian, and struck the pedestrian in the face once with his fist. The pedestrian fell backwards and hit his head on the street. As the pedestrian lay in the street unconscious and bleeding from the head, Morris dragged him to the curb. Morris called 911 but drove off before an ambulance or the police arrived. The pedestrian was rushed by ambulance to the hospital but later died from the head injury he sustained from the fall.

Several eyewitnesses called 911, and one of them provided the license plate number of the truck that drove away from the scene. Based upon this information, a detective learned that Morris was the owner of the truck and obtained a photograph of him. The detective then compiled a photographic lineup and showed it to a witness, who identified Morris as the person who had struck the pedestrian.

Morris v. State

The indictment was not void based on absence of specific reference to the defendant's intent because the indictment language necessarily raised the inference that the defendant intended to cause harm.

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