Snell v. State

The trial court did not err in refusing to charge on misdemeanor involuntary manslaughter as a separate lesser included offense to the indicted charge of felony murder, because the defendant conceded that his carrying of a concealed weapon into another's residence was unlawful.

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A Baker County jury found Joe N. Snell guilty of felony involuntary manslaughter as a lesser included offense to the indicted charge of felony murder.1 The trial court thereafter denied his motion for a new trial. Snell appeals, contending that there was insufficient evidence to convict him and that the trial court erred in failing to charge the jury on reckless conduct and misdemeanor involuntary manslaughter as separate lesser included offenses. For the reasons discussed below, we affirm. 1. Following a criminal conviction, we view the evidence in the light most favorable to the jury’s verdict, and the defendant is no longer presumed innocent. Noble v. State , 282 Ga. App. 311 638 SE2d 444 2006. We neither weigh the evidence nor assess witness credibility, which are tasks that fall within the exclusive province of the factfinder. Id. at 311-312. So long as some competent evidence exists, although contradicted, to support each element of the State’s case beyond a reasonable doubt, we will uphold the verdict. Dorsey v. State , 297 Ga. App. 268 676 SE2d 890 2009.

Viewed in this manner, the undisputed evidence showed that Snell shot and killed his brother-in-law following a heated argument at a family gathering; what was in dispute at trial was whether the fatal shooting was intentional, the result of reckless conduct, or an accident. On the night in question, the victim and several other family members were playing cards and visiting with one another at a relative’s house. The card playing took place at a card table in the living room, a small space crowded with adults and children. Snell, who had left earlier that evening after arguing with the victim, returned to the residence and approached the card table where the victim was playing cards. Snell had been drinking whiskey, and he had a cocked and loaded handgun stashed underneath his jacket. After approaching the card table, Snell again engaged in a heated argument with the victim. Snell’s handgun discharged, and the victim was struck by a bullet in the shoulder, resulting in his death.

Snell v. State

The trial court did not err in refusing to charge on misdemeanor involuntary manslaughter as a separate lesser included offense to the indicted charge of felony murder, because the defendant conceded that his carrying of a concealed weapon into another's residence was unlawful.

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