Taylor v. State

I cannot agree to the affirmance of the judgment of conviction for negligent homicide. At the conclusion of the state’s testimony, the appellant moved for a directed verdict on the filed charge of first degree murder “or any lesser included offense,” and at the conclusion of all the evidence in the case, the appellant again made the same motion. The evidence by the eyewitnesses to the shooting, including the deceased’s own brother, established that the deceased told the appellant he was going to get his gun; that the deceased did get his gun and walked toward the appellant announcing, so all…