Hilburn v. State

McMurray, Presiding Judge.

Defendant was indicted for murder but was convicted of voluntary manslaughter. After his motion for new trial was filed, amended, heard and denied, he appeals. Held:

1. Defendant’s first enumeration of error is that the trial court erred in refusing to admit into evidence testimony of defendant’s firearms expert witness concerning the defendant’s sole defense of accident and testimony to impeach the state’s firearms expert. Prior to placing this expert witness on the stand defense counsel attempted to obtain an agreement from the state to allow him to examine the…