Price v. State

I respectfully disagree with the majority’s determination that the there was no evidence to support appellant’s request to charge on voluntary manslaughter. Accordingly, I dissent to the affirmance of appellant’s malice murder conviction.

Voluntary manslaughter occurs when one kills another human being under circumstances which would otherwise be murder, if the killer “acts solely as the result of a sudden, violent, and irresistible passion resulting from serious provocation sufficient to excite such passion in a reasonable person. . . .” OCGA § 16-5-2 (a). In a murder trial, if there is any…