A person shall not be found guilty of any crime committed by misfortune or accident where it satisfactorily appears there was no criminal scheme or undertaking, intention, or criminal negligence.
(Laws 1833, Cobb's 1851 Digest, p. 779; Code 1863, § 4198; Code 1868, § 4237; Code 1873, § 4302; Code 1882, § 4302; Penal Code 1895, § 40; Penal Code 1910, § 40; Code 1933, § 26-404; Code 1933, § 26-602, enacted by Ga. L. 1968, p. 1249, § 1.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 21 Am. Jur. 2d, Criminal Law, § 4.
ALR.- Criminal responsibility of druggist for death or injury in consequence of mistake, 55 A.L.R.2d 714.
Homicide predicated on improper treatment of disease or injury, 45 A.L.R.3d 114.
Homicide: burden of proof on defense that killing was accidental, 63 A.L.R.3d 936.