☢ test - Í

Yeager v. State, 281 Ga. 1, 3 (635 S.E.2d 704) (2006) (citation omitted). Although Mills said that he did not fire the gun intentionally, he also testified that he climbed into bed with the victim and her two-year-old son holding a loaded handgun with his finger on the trigger because he wanted the victim to understand the seriousness of his concerns about infidelity. And while Mills initially denied pointing the gun at the victim and said he kept the gun by his side, he later admitted that he did point the gun at the victim's head and that it went off when she smacked it away. Misuse of a firearm in the manner described by Mills shows a degree of culpability that constitutes criminal negligence. See Stewart v. State, 261 Ga. 654, 654 (409 S.E.2d 663) (1991) (holding that the trial court was not required to give an accident instruction where the defendant said pre-trial that he aimed a loaded gun at the victim's face to show her what ‘being under the gun’ was like, but then testified at trial that while sitting next to the victim, he pulled a loaded gun across his lap, planning to show her what ‘being under the gun was like,’ and the gun went off when he was putting it in his hand, because under both scenarios, the defendant showed an utter disregard for the victim's safety which was criminally negligent).” Accord, Kidd (January 7, 2013), above; Brockman (March 4, 2013), above. Arnold v. State, 303 Ga.App. 825, 695 S.E.2d 299 (April 23, 2010). Defendant’s convictions for aggravated assault and aggravated battery affirmed; no sua sponte charge on accident was justified. “Under OCGA § 16-2-2: ‘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.’ … The evidence showed that Arnold, having consumed alcohol and with the intent to show Spradlin that West would die for her, counted down the minutes until he picked up a shotgun and intentionally stood within a few feet of Spradlin and West. … Even if Arnold did not intentionally fire the shotgun, under the evidence in this case, his admitted acts constituted criminal negligence rendering the defense of accident inapplicable.” Hill v. State, 300 Ga.App. 210, 684 S.E.2d 356 (September 24, 2009). Defendant’s conviction for voluntary manslaughter reversed; trial court erred in failing to charge jury on accident, in addition to self-defense charge given. Defendant testified that he picked up knife to protect himself from pipe-wielding victim, but that victim then “ran up [on] me, I swear, he stuck himself.” “Because the defense of justification involves an intentional act and accident does not, both defenses are not generally involved in a single case. Turner v. State, 262 Ga. 359, 360(2)(b), 418 S.E.2d 52 (1992); Lewis v. State, 292 Ga.App. 257, 264(2), 663 S.E.2d 721 (2008).” Howevere, “ Georgia's appellate courts have recognized that the evidence will support a charge on both justification and accident in a case where the evidence supports an inference that the defendant was armed with a weapon while defending himself or herself from another party and that other party was accidentally wounded or killed by that weapon. Id.” Compare Byrd (February 2, 2004), below. Noble v. State, 282 Ga.App. 311, 638 S.E.2d 444 (November 7, 2006). Involuntary manslaughter conviction affirmed; evidence was sufficient to overcome defense of accident. “According to Noble, while she was holding the gun, the door hit her in the back, causing the gun to discharge into her sister’s chest. When asked what she did next, Noble testified that ‘I was just screaming and I think I shot the gun.’ She also testified that she was careless with the gun. Detective Linda Lash testified that after she Mirandized Noble, Noble stated that ‘she put a shell in every chamber’ and that ‘she fired every shell, every round.’ Whether the state disproved Noble’s defense of accident was a jury question. Here, the jury was entitled to accept the evidence that the shooting was the result of Noble’s reckless conduct with her gun, especially in light of her own testimony that she was careless, and reject her claim that it was an accident. See Cook v. State, 249 Ga. 709, 712(4) (292 S.E.2d 844) (1982) (defendant committed reckless conduct by handling gun in such a way as to accidentally cause the death of another).” Dimas v. State, 276 Ga.App. 245, 622 S.E.2d 914 (November 4, 2005). Defendant was convicted of trafficking in methamphetamine. Defendant acknowledges that he was a drug courier, but contends that he thought he was carrying marijuana, not meth. Held, this claim does not raise a defense of accident. Wilson v. State, 279 Ga. 104, 610 S.E.2d 66 (March 7, 2005). Malice murder conviction affirmed. “[Defendant’s] testimony suggesting the victim died from a drug overdose and denying having taken any action that caused the victim’s death by manual strangulation ‘does not involve homicide by accident as defined in [OCGA § 16-2-2], but only death from accidental means not attributable to any conduct, culpable or otherwise, on the part of the defendant.’ Johnson v. State, 239 Ga. 324(1), 236 S.E.2d 661 (1977). [Defendant’s] testimony ‘does not raise the issue of accident or misfortune within the meaning of [OCGA § 16-2-2]; rather, it relates solely to the issue of causation. [Cit.].’ Mansfield v. State, 161 Ga.App. 875(3), 289 S.E.2d 814 (1982). Consequently, he was not entitled to a charge on the law of accident and the trial court did not err when it declined to give such a charge. [Cits.]” Accord, Smith v. State , 296 Ga. 116, 765 S.E.2d 328 (November 3, 2014) (claim that victim accidentally set her own house on fire didn’t raise the affirmative defense of