Smith v. State

Judge Harold R. Banke.

A jury convicted Demarco Smith of involuntary manslaughter, reckless conduct, pointing a pistol at another, and possession of a pistol by a person under the age of 18. On appeal, Smith challenges the sufficiency of the evidence and the omission of an unrequested jury charge.

An eyewitness, Marcus Germany, testified that the shooting occurred while he, Smith, and the victim, who were friends, were walking from a store where the victim had purchased chicken wings. Germany was walking several feet behind the victim and Smith, and they were all laughing about the cold weather…