Shivers v. State

Thompson, Justice.

Tony Shivers was found guilty by a jury of felony murder and other offenses in connection with the shooting death of Allen Kilgore.1 Shivers appeals from the denial of his motion for new trial, claiming that the jury instruction was defective in two respects. Finding no error, we affirm.

*423Viewed in a light most favorable to the verdict, the evidence established that Shivers and several others had congregated at the victim’s home to drink alcoholic beverages2 and watch football. Shivers and the victim began arguing in the presence of several witnesses. Shivers left the house…