Spradlin v. State

Quillian, Presiding Judge.

The appellant, Frank Spradlin, was indicted with two of his friends — Michael Brown and John Bailey, for the murder of Daniel L. Bastain. Brown and Bailey were acquitted. Spradlin appeals his conviction of voluntary manslaughter.

On the evening of August 28, 1978, the appellant, Bailey, Brown, and Bastain drove from Carrollton to Atlanta to purchase tickets to a concert. Spradlin testified that they consumed quite a bit of alcohol and that a fight developed between Bastain and Bailey. Bastain was choking Bailey until "his face turned colors [sic].” Spradlin stated…