Fannin v. State

Deen, Presiding Judge.

Cecil Fannin was indicted for murder, convicted of voluntary manslaughter and appeals following the denial of his motion for a new trial contending that the trial court erred in failing to give his timely written request for a charge on defense of habitation. Held:

The evidence showed that the deceased, Emory “Slim” Gordon, appeared at the door of the defendant’s home in a drunken state (blood alcohol .27) and demanded that he be permitted to enter because he wanted to see his aunt, Ruby Jackson, the defendant’s wife. Fannin refused because Ruby was sleeping and told…