Smith v. State

OPINION

KIRSCH, Judge.

After a jury trial, Thomas Smith was convicted of murder.1 He now appeals, raising the following restated issues for review:

I. Whether the trial court erred in rejecting Smith’s tendered jury instruction that a person actively engaged in the commission of a crime may assert the defense of self-defense if the criminal activity did not produce the confrontation in which force was used.

II. Whether the trial court erred in rejecting Smith’s tendered jury instruction on credibility.

III. Whether the trial court properly excluded evidence of a gun located in the victim’s closet.

W…