Mitchell v. State

Cooper, Judge.

Appellant was indicted for the alternative offenses of malice murder and felony murder but was convicted by a jury of voluntary manslaughter. He appeals the denial of his motion for new trial, enumerating as error that there was insufficient evidence to support the [giving of a jury charge on voluntary manslaughter.

The evidence adduced at trial shows that the victim took a bor-owed truck being used by appellant from two of appellant’s female riends, Yohania Martin (“Martin”) and Lisa King (“King”). Martin otified appellant that the truck had been stolen, and another friend,…