McDaniel v. State

Hunt, Justice.

The defendant, Albert McDaniel, was convicted of the murder of Andrew Starke, and sentenced to life in prison. At trial, the defendant claimed that the victim had controlled him by a voo-doo or “roots” spell over him for the past ten to twenty years and that he had to shoot the victim in order to end the spell. He contends on appeal that this evidence entitled him to his requested charge on self-defense, which the trial court refused. He also raises the refusal of the trial court to excuse the first alternate juror for cause and to give, as requested, a charge on voluntary…