Scott v. State
Supreme Court of Georgia
291 Ga. 156 (2012)
Relevant factsFree
After his niece disclosed being molested and her mother dismissed the accusation, Scott (defendant) retrieved a gun and confronted the accused, Smith, who allegedly responded with a vulgar remark asserting he could do whatever he wanted to the niece; Scott claimed he blacked out and began shooting, killing Smith, but the trial court barred provocation evidence and refused a voluntary-manslaughter instruction, and Scott was convicted of felony murder.
IssueFree
Whether words combined with actions may constitute sufficient provocation to reduce a murder to manslaughter.