Jackson v. State

Jackson appeals his conviction of second degree murder, arguing he was entitled to a jury instruction on third degree felony murder. We agree and reverse.

Appellant and the victim, Buddy Harris, had been engaged in an ongoing dispute about Harris’s careless driving on the road where Jackson lived. While no physical altercation had ever occurred, appellant frequently "called the law,” and obscene name calling was common. Harris had thrown bottles at appellant’s home, and there was testimony that he had a bad reputation for violence.

On August 31, 1991, it is undisputed that Harris had been…