context: (Citations and emphasis omitted.) The same rationale applies to the homicide defendant who relies on the "parental reasonable discipline" justification defense -- the defendant is not entitled to an additional instruction on involuntary manslaughter in the course of a lawful act because if the defendant is justified in administering reasonable parental discipline, the defendant is guilty of no crime; if the defendant is not entitled to rely on the reasonable discipline defense, the homicide does not fall within the "lawful act" predicate of OCGA SS 16-5-3 (b) since, in rejecting the justification claim, the jury has determined that the act was not lawful.
citation_a.signal: see
citation_a.parenthetical: parental beating of a child that removed portions of skin, caused portions of skin to be beaten into a "jelly," and resulted in the child's death was an unlawful act
citation_a.sentence: See Ashford v. State, 144 Ga. 832 (88 SE 205) (1916) (parental beating of a child that removed portions of skin, caused portions of skin to be beaten into a “jelly,” and resulted in the child’s death was an unlawful act); Teal v. State, 122 Ga. App. 532, 534 (177 SE2d 840) (1970) (whether the defendant’s conduct was lawful at the outset, what took place thereafter (15 or more heavy blows) discloses felonious conduct not within the scope of involuntary manslaughter).
citation_b.signal: see also
citation_b.parenthetical: trial court correctly refused to give charge on lawful act-unlawful manner involuntary manslaughter since defendant's act of administering an enema to a 27-month-old toddler by inserting the tip of a douche bottle into the child's body so as to tear the child's viscera is reckless conduct and thus cannot qualify as a "lawful act"
citation_b.sentence: See also Moses v. State, 264 Ga. 313 (2) (444 SE2d 767) (1994) (trial court correctly denied request for charge on lawful act-unlawful manner involuntary manslaughter since defendant’s act in placing hand over infant’s nose and mouth so forcefully as to prevent his breathing for a period of time sufficient to result in brain damage comes so plainly within the definition of the crime of reckless conduct that it cannot qualify as a lawful act); Harmon v. State, 259 Ga. 846 (4) (388 SE2d 689) (1990) (trial court correctly refused to give charge on lawful act-unlawful manner involuntary manslaughter since defendant’s act of administering an enema to a 27-month-old toddler by inserting the tip of a douche bottle into the child’s body so as to tear the child’s viscera is reckless conduct and thus cannot qualify as a “lawful act”).