Davis v. Jones

I concur in Divisions 2 and 3 but respectfully dissent because the record does not contain a reversible error as found in Division 1.

Defendant Carey Jones gave his version of the event on direct examination: “. . . [McClellan] came in, he pulled some beer out of the cooler; I started to bag the beer, and I bagged it. He screamed, “I’ll beat your ass.” He started to come around the counter. I reached over, put my hand on the pistol and said, “Hold it,” and he tried to come over the counter and I shot him. He fell back down on the floor and got up. He came around the counter and fell. I went…