Evans v. State

The defendant, Glenn Evans, appeals a conviction of attempted second degree murder with a firearm. Evans argues one point which we find to be dispositive. The trial court gave the following instruction to the jury on excusable homicide:

The killing of a human being is excusable and therefore lawful when committed by accident and misfortune in doing any lawful act, by lawful means, with usual and ordinary caution and without any unlawful intent, or by accident or misfortune in the heat of passion upon any sudden and sufficient provocation, or upon a sudden combat without dangerous weapon being…