Miller v. State

McMurray, Presiding Judge.

Defendant was indicted for murder and convicted of voluntary manslaughter. At the completion of the state’s evidence defense counsel moved for a directed verdict of acquittal as to the charge of murder and that the court reduce the charge to voluntary manslaughter, that is, “all the evidence points toward a sudden and irresistible passion on the part of the Defendant at the time of the shooting.” This motion was denied. Defendant appeals his conviction of voluntary manslaughter. Held:

1. Two of defendant’s enumerations of error are concerned with the sufficiency of…