Johnson v. State

Clark, Judge.

Defendant was charged with murder in connection with the shooting death of Wallace Gant. He was tried before a jury and found guilty of the lesser offense of voluntary manslaughter. Appeal is brought from the denial of defendant’s amended motion for a new trial. Held:

1. Error is asserted upon the general grounds. The victim’s wife testified that defendant provoked a fight with the deceased. The two men fought for a few minutes before separating. Defendant then pulled a gun from his coat pocket and shot the deceased,* who had no weapon in his possession. The doctor who performed…