Gore v. State

In Gore v. State, 272 Ga. App. 156, 157 (5) (611 SE2d 764) (2005), the Court was presented with a case in which the victim was shot as he was being struck with a gun, and the defendant presented alternative defenses of accident and self-defense. In Gore, the only "unlawful act" supported by the evidence was the striking of the victim with a gun, which constitutes the felony of aggravated assault. Id.; OCGA 16-5-21 (a) (2). As a result, we held that the defendant in Gore was not entitled to an involuntary manslaughter charge. Id.