People v. Billups

The defendant-appellant, Lavelle Billups, testified before a jury that he shot and killed Charles Thompson during a robbery attempt by Thompson after he won the struggle over Thompson’s gun. The State presented evidence that the defendant shot and killed Thompson with a gun the defendant had concealed on his person. The jury rejected the claim of self-defense and found the defendant guilty of first degree murder. The defendant contends Judge John P. Kirby abused his discretion by refusing to instruct the jury on second degree murder after instructing on self-defense. Alternatively, the…