Foster v. State

I cannot agree with the majority’s implication, see footnote 2 of majority opinion, that voluntary manslaughter is not an authorized verdict when a defendant is reasonably provoked by one person and shoots at that person, accidentally killing a bystander. Nor can I agree with the majority’s bolding that the principles of Edge v. State, 261 Ga. 865 (414 SE2d 463) (1992), do not apply to this case. I therefore dissent.

1. I first take issue with footnote 2 of the majority opinion in which the majority questions whether Foster was even entitled to a charge on voluntary manslaughter. I believe…