Lee v. State

Smith, Judge.

The appellant, Randy Lee, was indicted for murder. At trial, he defended on the basis of self-defense, but the jury convicted him of voluntary manslaughter. He contends, in part, that newly discovered evidence was material and substantial to the justification defense, and therefore a new trial should have been granted. We agree that the denial of the motion for new trial was error, and the judgment of conviction is reversed.

I. The Evidence

At trial, Lee testified in his defense and offered the following version of the killing:

Upon exiting from a commercial driveway onto Godby Road…