Allison v. State
In Allison v. State, 288 Ga. App. 482 (1) (654 SE2d 628) (2007), the Court reversed a conviction for reckless conduct related to the discharge of a firearm that led to the injury of a small child in an adjacent apartment.
The Court reasoned that because the offense of reckless conduct required evidence of action that represented "a 'substantial and unjustifiable risk,'" the State's failure to submit evidence regarding the proper handling of a firearm in comparison to the alleged conduct of the defendant resulted in a failure of proof of the elements of the offense. See id. at 483-484 (1).