State v. White

LISA WHITE HARDWICK, Judge.

Victor White was convicted by jury of second-degree murder and armed criminal action. On appeal, White contends the trial court plainly erred in failing to give jury instructions on self-defense and defense of a third person. For reasons explained herein, we reverse and remand.

Factual and PROCEDURAL History

On October 4, 2004, Timothy Hayes was visiting with his sister, Angela, and a close friend known as Uncle Rocky. Angela stated that she had been beaten up two days earlier by Victor White, another Mend of Hayes. After drinking a couple of beers, Hayes became angry…