Koritta v. State

Full title: KORITTA v. THE STATE

Court: Court of Appeals of Georgia

Date published: Feb 15, 1994

443 S.E.2d 13 (Ga. Ct. App. 1994)

443 S.E.2d 13

Opinion

A92A1325.

DECIDED FEBRUARY 15, 1994.

Voluntary manslaughter. DeKalb Superior Court. Before Judge Tillman, Senior Judge.

Michael M. Sheffield, for appellant.

J. Tom Morgan, District Attorney, J. George Guise, Elisabeth Macnamara, Assistant District Attorneys, for appellee.

BLACKBURN, Judge.

This court affirmed the appellant's conviction for voluntary manslaughter in Koritta v. State, 206 Ga. App. 228 ( 424 S.E.2d 799) (1992), after concluding that the trial court did not err in failing to instruct the jury on justification. The Supreme Court of Georgia subsequently reversed that judgment in Koritta v. State, 263 Ga. 703 ( 438 S.E.2d 68) (1994). Accordingly, this court's prior judgment is vacated and the judgment of the Supreme Court is hereby made the judgment of this court.

Judgment reversed. McMurray, P. J., and Cooper, J., concur.

DECIDED FEBRUARY 15, 1994.