Fleming v. State

Fletcher, Presiding Justice.

A jury convicted Byron Fleming of malice murder, aggravated assault, and possession of a firearm in connection with the shooting death of Gwinnett County Deputy Sheriff Kenneth Lee Wimberly.1 The state sought the death penalty, but the trial court sentenced Fleming to life imprisonment after the jury was unable to reach a unanimous verdict on the sentence. Fleming contends that the trial court should have given requested charges to the jury on voluntary manslaughter, self-defense, and mutual combat. Because there was insufficient evidence to support the charges,…