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Watson v. State

The trial court did not err, much less plainly err, in failing to give a mutual combat jury instruction in the defendant's murder trial, because the defendant admitted that the victim was unarmed and there was no evidence that the victim had the mutual intent to engage in a physical fight with the defendant.

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Appellant Roosevelt Watson was convicted of malice murder and possession of a firearm during the commission of a crime for the shooting death of Quinton Brown. Appellant contends only that the trial court committed plain error in failing to give the jury an instruction on mutual combat. We affirm.1

1. Viewed in the light most favorable to the verdicts, the evidence presented at trial showed the following. On the night of June 8, 2010, Appellant went to the home of his uncle, Matt Cooper, who had friends over to watch an NBA Finals game in a shed behind his house in Screven County. During the game, Appellant left the shed. About 20 minutes later, Cooper heard a loud boom and went outside, but he saw nothing and went back into the shed. About ten minutes later, Appellant returned to the shed. He left to spend the night with another uncle around 11:00 p.m. Before leaving, Appellant told Cooper that if someone came looking for him, Cooper should say that he had not seen Appellant that evening.

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