Humphrey v. State

David Newbern, Justice.

Evote Humphrey was convicted of capital murder for shooting Tyrone Cook. He was sentenced to Hfe imprisonment without parole. Mr. Humphrey’s sole point on appeal is that the Trial Court erred in refusing to instruct the jury on justification. We agree with Mr. Humphrey that the Trial Court’s failure to give that instruction was error; thus we reverse and remand.

Mr. Humphrey gave the following testimony. He met Tyrone Cook in 1993, and they occasionally engaged in recreational activities together in Stamps, which was their home town. In 1994, Mr. Cook had an altercation…