Supreme Court of Georgia

Schmitt v. State

April 30, 2024318 Ga. 835

Summary

The court held that the trial court erred by refusing to instruct the jury on accident because at least slight evidence supported Schmitt’s theory that the collision occurred without criminal intent or criminal negligence. The error was not harmless because the evidence of criminal intent was disputed and the court expressly instructed the jury to disregard accident as a key legal principle. The court reversed all convictions, while concluding that the evidence was legally sufficient to permit a retrial.