Benford v. State

Shulman, Presiding Judge.

Defendant was charged with murder and convicted of voluntary manslaughter. We reverse.

The deceased was mortally wounded by a gunshot allegedly fired by the defendant during an altercation between the deceased and the defendant.

All of defendant’s enumerations of error pertain to the trial court’s jury instructions. Defendant contends that the court’s refusal to charge the law on involuntary manslaughter was error. We agree.

In the presentation of his defense, the defendant set forth evidence to support a jury charge on involuntary manslaughter. The defendant testified…