Flowers v. State

Smith, Judge.

Flowers was indicted for murder. He did not contest the fact that he shot the victim with a shotgun, resulting in the victim’s death; he claimed the shooting was justified to protect himself. The jury found him guilty of voluntary manslaughter, and he appeals. We find that the trial court erred in charging the jury on the principle of mutual combat, and for that reason the conviction is reversed.

1. The trial court erred in charging the substance of Code § 26-902 (b) (3), which states that the defense of justification is not available when the killing resulted from combat by…