State v. Davis

Appellant was indicted for murder and appeals from a conviction of voluntary manslaughter. His sentence was twenty-four years’ imprisonment. He appeals, contending that his conviction should be reversed because there was no evidence to support a jury instruction on, and a conviction of, voluntary manslaughter. We affirm.

Over appellant’s timely objection, the trial judge instructed voluntary manslaughter on the ground that appellant’s intoxication could have eliminated the element of malice from the killing. The instruction was given upon an erroneous ground. Voluntary intoxication does not…