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THE STATE v. ALLEN.

UNDERCOFLER, Presiding Justice.

This is a certiorari to the Court of Appeals. Allen v. State, 147 Ga. App. 701 ( 250 S.E.2d 5) (1978). The only question is whether a requested charge on involuntary manslaughter under Code Ann. § 26-1103 (b) was required. The recitation of facts in the Court of Appeals opinion appears not to require such charge; however, the principle of law relied upon is correct. Jackson v. State, 76 Ga. 473 (2) (1886); Warnack v. State, 3 Ga. App. 590 (2) ( 60 S.E. 288) (1907). Since the interpretation of the evidence is not a matter of gravity we dismiss the certiorari as improvidently granted.

Certiorari dismissed. All the Justices concur, except Hall, J., who concurs in the judgment only.

UNDERCOFLER, Presiding Justice.

ARGUED MARCH 12, 1979 — DECIDED APRIL 17, 1979.
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STATE v. ALLEN
(Apr 17, 1979)