249 Ga. 767 | Ga. | 1982
The defendant, Luis Perez, was convicted by a jury of murder, aggravated battery, and possession of a firearm in the commission of a felony. He was sentenced to life imprisonment for the murder and ten years for the aggravated battery to run consecutively; for sentencing purposes the possession of a firearm offense was merged into the other two.
1. Defendant requested a charge on voluntary manslaughter which the trial court refused to give. Defendant claims that under the “slight evidence” test in Raines v. State, 247 Ga. 504 (277 SE2d 47) (1981), a charge on voluntary manslaughter was required. Code Ann. § 26-1102 provides that “A person commits voluntary manslaughter when he causes the death of another human being, under circumstances which would otherwise be murder, if he acts solely as the result of a sudden, violent, and irresistible passion resulting from serious provocation sufficient to excite such passion in a reasonable person----” According to defendant’s testimony the deceased did not threaten defendant with a gun nor was defendant even certain the deceased had a gun. Moreover, a person carrying a gun cannot urge that another person’s appearance of carrying a gun is “serious provocation.” The deceased’s statements and acts do not show “serious provocation sufficient to excite” “sudden, violent and irresistible passion” in a reasonable person.
2. The defendant also claims the trial court erred in refusing to sever the two offenses — the shooting of his father-in-law and the shooting of his wife — for trial. He claims to have been unfairly prejudiced by the joint prosecution. The state introduced evidence of prior attacks on the wife by defendant to show previous difficulties
Judgment affirmed■
Defendant’s insanity defense was rejected by the jury. During his testimony, the defendant said he did not know why he killed the deceased and shot his wife.