Davis v. State

The defendant was convicted of murder and sentenced to life imprisonment. The defendant and the victim had had a fight two weeks earlier. On the night of the homicide, according to the defendant, the victim and the defendant were in a cafe, the victim pointed a pistol at the defendant, the defendant went outside, returned with a shotgun and killed the victim as he reached for his pistol. The state’s witnesses had testified that the victim started to put his hands up when the defendant came in with the shotgun. Defendant contends that the trial court did not properly charge the jury so that he…