Bowers v. State

In Bowers v. State 177 Ga. App. 36 (338 SE2d 457) (1985), the indictment alleged that the defendant committed aggravated assault when he unlawfully assaulted the victim with a deadly weapon, by shooting him. Bowers, supra. The Court held that the charge on reckless conduct should have been given because the evidence authorized the jury to find criminal negligence by reason of the defendant's testimony that he accidentally shot the victim, whom he did not know was present when he tossed a can up in the air for target practice while camping in the woods. Id. at 39 (2).