Gentry v. State

Birdsong, Presiding Judge.

Cynthia Denise Gentry was indicted for malice murder, felony murder and aggravated assault; she was found not guilty of malice murder, guilty of voluntary manslaughter (the lesser included offense of felony murder), and guilty of aggravated assault. The trial court merged Count 3 (aggravated assault) with Count 2 (voluntary manslaughter). Held:

1. Appellant’s contention that the trial court erred by failing to reinstruct the jury on the duty to retreat when it recharged on self-defense is without merit. In order to correct a perceived charging deficiency, the jury was…