Simmons v. State

Banke, Judge.

Appellant David Keith Simmons appeals his conviction of voluntary manslaughter for the fatal shooting of Grady Purvis. Held:

1. Appellant’s first three enumerations of error assert that the evidence was insufficient to support the verdict. The evidence showed that Grady Purvis and his wife Karen, at about 1:00 a.m. after having several drinks at a neighborhood pub, were arguing while walking home. They began to struggle, and Mr. Purvis swung at his wife, prompting a bystander in a nearby park to call out to him to stop. Mr. Purvis then attacked the bystander and knocked off his…