Harper v. State

Albert Emmitt Harper, the appellant, was convicted of murder and was sentenced to 39 years' imprisonment. He raises five issues on this appeal from that conviction.

I

The trial court properly refused the appellant's request to instruct the jury that "heat of passion . . . manslaughter is designed to cover those situations where a jury does not believe the defendant is guilty of murder, but also does not believe the killing was totally justified by self-defense." R. 454 (requested instruction 32). The trial court denied this instruction with the following comment:

"If you can find [case law] give…