GA 16-5-3 - GA 16-5-3

Application Generally Application of rule of lenity. - Defendant was not entitled to be sentenced under the rule of lenity for misdemeanor involuntary manslaughter under O.C.G.A. § 16-5-3(b) rather than felony involuntary manslaughter under O.C.G.A. § 16-5-3(a) , although the defendant was convicted of both crimes, because the two crimes did not address the same criminal conduct and no ambiguity was created by different punishments being set forth for the same crime. Campbell v. State, 297 Ga. App. 387 , 677 S.E.2d 312 (2009), cert. denied, No. S09C1263, 2009 Ga. LEXIS 411 (Ga. 2009). Former Penal Code 1895, § 65 (now O.C.G.A. § 16-5-3 ) made no exception in case of convicts but included all persons. Westbrook v. State, 133 Ga. 578 , 66 S.E. 788 , 25 L.R.A. (n.s.) 591, 18 Ann. Cas. 295 (19...