State v. Smith

Sanders, Chief Judge:

This is a murder case. Appellant James David Smith argues that the trial judge erred in charging the jury. The State argues that any error is harmless. We reverse and remand.

The defendant went to the S & J Lounge in the company of the Cook brothers, Ronnie and Steve. Unsurprisingly, beer was the beverage of choice. According to the defendant, “there was a lot of drinking going on.” Predictably, hostilities broke out. The Marquis of Queensberry rules were not in effect.

The defendant testified he left the lounge immediately after the Cooks and, when he got outside, he “saw…