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Bonman v. State

Even assuming that the trial court erred in declining the defendant's request to charge the jury on involuntary manslaughter as a lesser included offense of murder, the error was harmless because it was highly probable that the trial court's refusal to charge on involuntary manslaughter did not contribute to the verdict.

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Appellant Curtis Bonman was found guilty of malice murder and other related crimes arising out of the shooting death of Charlie Davis, Jr.1 His motion for new trial was denied, and on appeal, he asserts that the trial court erred by refusing to give his requested charge on involuntary manslaughter. Finding no reversible error, we affirm.

1. The evidence presented at trial authorized the jury to conclude that appellant and two co-defendants, Thaddeus Williams and Killeon Cooper, planned to rob Davis, a drug dealer, in retaliation for a previous drug purchase in which Cooper felt he had been shorted. On the night of the crimes, the three men, each of whom was armed with a gun,2 drove to the housing project where Davis lived, approached Davis as he was standing outside, and started shooting. Appellant and Cooper chased Davis as he tried to run away, and after Davis stumbled, Cooper continued shooting. When Cooper ran out of ammunition or his gun jammed, appellant, who was standing next to him, gave Cooper his gun and more shots were fired at Davis. One of the bullets from appellant’s gun hit Davis in a major blood vessel in his hip, causing his death.

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