Miller v. State

BROWN, Judge.

The appellant, James Edward Miller, was convicted of murder, a violation of § 13A-6-2, Code of AJabama 1975. He was sentenced to life imprisonment without the possibility of parole upon application of the Habitual Felony Offender Act (“HFOA”).

Our holding in this case requires us to address only one of the issues raised on appeal. The appellant claims that the trial court erred in refusing to instruct the jury on the lesser-included offense of heat-of-passion manslaughter.

At trial, Guyward Miller, the appellant’s cousin, testified that he, the appellant, and the victim, Randy…