Scott v. State

Thompson, Justice.

Appellant Steven Scott was convicted of felony murder, aggravated assault and possession of a firearm during the commission of a crime in connection with the shooting death of Dan Smith, the boyfriend of Scott’s sister.1 He appeals from the denial of his motion for new trial, contending the trial court erred by excluding from trial *157evidence that the victim had been molesting appellant’s niece and refusing to charge the jury on the lesser included offense of voluntary manslaughter. For the reasons that follow, we reverse.

1. Viewed in the light most favorable to the verdict,…