Spann v. State

Robert L. Brown, Justice.

Appellant David Spann was convicted of first-degree murder and sentenced to life imprisonment. He raises two points on appeal: (1) the trial court erred by allowing the prosecutor to inform the jury about parole eligibility in the penalty phase; and (2) the trial court erred in refusing to give an instruction on voluntary manslaughter. Both points are meritless, and we affirm.

The facts of this case were developed at trial. On February 21, 1995, Spann shot and killed Carl Ahrens in Spann’s house in Perry County. According to Barbara Wilcutt, who lived with Spann at the…