GA 3.14.10 Accident

GA 3.14.10 Accident

State: Georgia



GA  3.14.10 Accident

No person shall be found guilty of any crime committed by misfortune or accident in which there was no criminal scheme, undertaking, or intention (or criminal negligence).

An accident is an event that takes place without one’s foresight or expectation, that which takes place, or begins to exist, without design.

If you find from the evidence in this case that the incident that is the subject matter of this case occurred as a result of misfortune or accident and not as a result of a criminal undertaking or criminal negligence, then it would be your duty to acquit the defendant.

When the issue of accident is raised, the burden is on the State to negate or disprove it beyond a reasonable doubt. Any evidence as to misfortune or accident should be considered by you in connection with all of the other evidence in the case. If in doing so, you should entertain a reasonable doubt as to the guilt of the accused, it would be your duty to acquit. On the other hand, should you believe from the evidence as a whole that the defendant is guilty beyond a reasonable doubt, you may convict.

(Note: See 1.41.40, Criminal Negligence.)


O.C.G.A. § 1-3-3(2)

O.C.G.A. §16-2-2

Allenv. State, 137 Ga. App. 302, 304 (1976)

Bruce v. Smith, 274 Ga. 432 (2001)

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