Hutto v. State

Ray, Judge.

Timothy Hutto was indicted on one count each of murder,1 aggravated assault,2 and felony murder.3 Following a jury trial,

*236Hutto was convicted of the lesser offense of voluntary manslaughter.4 Hutto appeals the denial of his motion for new trial, contending that the trial court erred (1) by charging the jury on mutual combat absent a request and (2) in excluding evidence of the deceased’s level of intoxication. Hutto also contends that he had ineffective assistance of counsel and that the evidence was insufficient to prove his guilt beyond a reasonable doubt. For the reasons that…