Hodge v. State

Birdsong, Judge.

James Earl Hodge was indicted for murder and convicted of voluntary manslaughter. He was sentenced to twenty years, with ten to be served on probation. In its charge, the trial court instructed on malice murder, voluntary manslaughter, and justifiable homicide based upon self-defense. Hodge submitted a written request for a charge on the offense of involuntary manslaughter based upon the principle that he was engaged in a lawful act (self-defense) but may have used excessive force and thus may have performed that lawful act in an unlawful manner. The trial court declined to…