Spence v. State

STONE, Judge.

We affirm the defendant's conviction of second degree murder. The defendant and the victim became involved in a verbal altercation. The victim, who had been drinking, made obscene remarks and gestures regarding the defendant’s niece, resulting in an exchange of curses. When the defendant learned that the victim had, undetected, just slapped his niece, who was present on the scene, further argument erupted. The victim approached the defendant with a closed fist and the defendant, who was in the company of two other men, pulled out a pistol, struck the victim in the face with it,…