State v. Davis

HOUSER, Commissioner.

James Davis, charged with second degree murder, convicted by a jury of manslaughter and sentenced to 7 years’ imprisonment, appealed to this Court prior to January 1, 1972.

On the night of September 21, 1969 Mary Naylor was killed by a gunshot wound while standing on the south side of Delmar Boulevard with a male escort named Pettis. The two had emerged from a nearby tavern. Before they left the tavern Pettis and defendant exchanged words, following a physical contact between the two (Pettis having bumped into defendant, who was standing beside a table). Defendant accused…