State v. Gilliam

Gregory, Chief Justice:

Appellant was convicted of assault and battery of a high and aggravated nature (ABHAN) and murder. He was sentenced to consecutive terms of ten years and life imprisonment. Appellant appeals only the murder conviction on the ground that he was entitled to a charge on a lesser included offense of voluntary manslaughter. We reverse the murder conviction and remand for a new trial.

Appellant lived with Daisy Mae Reed for seven years until he left her to marry Hannah in 1984. On Christmas Day 1986, appellant assaulted Daisy Mae at her place of work by hitting her on the head…