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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.

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