State v. Cole

BURNETT, Justice:

Appellant was convicted of the murder of Bobby Spencer. He appeals the trial court’s refusal to instruct the jury on voluntary manslaughter. We affirm.

FACTUAL/PROCEDURAL BACKGROUND

On Christmas Eve, 1996, Appellant, his brother Scott Cole, and his friends Jason Best and Jay McKown were together at Appellant’s apartment. Between 9:00 and 10:00 that evening, Paul Pennington and the victim, Bobby Spencer, arrived, followed closely by three young women. Pennington and the victim asked to borrow money from Appellant and he refused.

With no apparent provocation, Pennington attacked…