State v. Wilson

OPINION

FONES, Justice.

Defendant was indicted for second degree murder, convicted of voluntary manslaughter and sentenced to not less than three (3) years nor more than five (5) years in the penitentiary.

The Court of Criminal Appeals reversed and dismissed, and we granted the State’s petition for writ of certiorari.

In an opinion written by Judge Galbreath and concurred in by Judge Daughtrey, a majority of that Court reached the conclusion that the facts made out a “classic instance of self defense.”

Judge O’Brien dissented. He correctly observed that the issue of self defense was not raised in…