272 Ga. 89 526 S.E.2d 546

S00A0097.

BOWEN v. THE STATE.

(526 SE2d 546)

Decided February 14, 2000.

Alterman & Associates, Cathy M. Alterman, for appellant.

Fletcher, Presiding Justice.

A jury convicted Kevin Bowen of felony murder, aggravated assault, and possession of a firearm during the commission of a felony in the shooting death of Charles Patrick.1 Bowen appeals, contending that the trial court erred in failing to instruct the jury on involuntary manslaughter. Because the evidence did not support an involuntary manslaughter charge, we affirm.

The evidence showed that on May 12, 1998, Bowen, Terrence Stevens and Corey Simpson2 approached Patrick with the intent to rob him. Simpson asked Patrick his name and pushed him, and Bowen shot him in the shoulder at point-blank range. A short time later, Bowen admitted that he had shot someone and described how he had done it.

1. After reviewing the evidence in the light most favorable to the jury’s determination of guilt, we conclude that a rational trier of fact could have found Bowen guilty of the crimes charged.3

2. Although Bowen argued that the gun was fired in a struggle, there was no evidence to support this argument. Therefore, the trial court did not err in refusing to give á charge on involuntary manslaughter. Bowen also contends that because involuntary manslaughter was his sole defense, the trial court was required to give the charge. Where there is no evidence to support the charge, however, a charge is not required even if it is the sole defense.4

Judgment affirmed.

All the Justices concur.

*90Paul L. Howard, Jr., District Attorney, Bettieanne C. Hart, Raymond C. Mayer, Assistant District Attorneys, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, Adam M. Hames, Assistant Attorney General, for appellee.

Bowen v. State
272 Ga. 89 526 S.E.2d 546

Case Details

Name
Bowen v. State
Decision Date
Feb 14, 2000
Citations

272 Ga. 89

526 S.E.2d 546

Jurisdiction
Georgia

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