Duffy v. State

Birdsong, Judge.

Duffy was indicted and tried for the crime of murder; he was convicted, by a jury, of voluntary manslaughter. He appeals, enumerating two errors. Held:

1. Duffy complains of the admission, over objection, of testimony establishing that, immediately prior to the killing, Duffy attempted to purchase from the decedent a quantity of heroin. Additional testimony established that Duffy accused decedent of "shortchanging” him in this particular transaction, a struggle ensued, a shot was fired, and decedent died shortly thereafter of a gunshot wound in the back.

Submitted April 10, 1978…