Bell v. State

The majority concludes that the evidence does not support a finding that Bell acted in the heat of passion to repel the attack. Because there is some evidence in this case that Bell could have acted out of a sudden passion, without malice aforethought, in shooting his attacker, see OCGA § 16-5-2 (a), I would hold that it was error for the trial court to refuse Bell’s request for a charge on voluntary manslaughter.

The distinguishing characteristic between voluntary manslaughter and justifiable homicide is whether the accused was so influenced and excited that he reacted passionately rather…