Facison v. State

Carley, Judge.

Appellant was indicted and tried for murder. Testimony at trial showed that appellant and the victim became engaged in a heated verbal exchange which grew in intensity. The victim made certain statements which could be construed as threats to do physical harm to *646appellant. The evidence showed that the victim then put his hand in his pocket, said to appellant "Whatever you want to do we will do it here and now” and took several steps toward appellant. Appellant then drew a pistol and shot the victim. From his conviction of voluntary manslaughter on this evidence appellant appeals.