Dismuke v. State

Smith, Presiding Justice.

The appellant, Marvin Dewayne Dismuke, shot and killed Francisco Luna at Pop’s Game Room in Moultrie, Georgia. An exchange of words escalated into a confrontation in which Dismuke initially wielded a pool cue, and the victim wielded a chair. It ended when Dismuke shot the victim with a .25 caliber handgun. The victim apparently was not armed with a firearm or a knife, although a knife was recovered from a trash can. The investigating officers recovered the murder weapon from Maul’s Pond, where Peggy Hunter had thrown it at the request of Dismuke. The victim died of a…