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Scott v. State

Supreme Court of Georgia
291 Ga. 156 (2012)


Steven Scott (defendant) was told by his 16-year-old niece that her mother’s boyfriend, Dan Smith, had molested her. Scott walked to a convenience store to get a beer and returned home to continue talking to his niece. The mother and boyfriend arrived to pick up the niece, and the mother went inside to talk to Scott. The mother told Scott that she did not believe the niece. Scott retrieved a handgun for his own protection and went to talk to Smith. According to Scott, when confronted, Smith stated, “she’s my b____, I can do whatever I want.” According to Scott, he then lost it, blacked out, and started shooting. The gunshots killed Smith. Scott was charged with felony murder and other charges. During the trial, the trial court ruled that Scott could not introduce evidence to prove provocation and refused to allow a jury instruction on manslaughter. Scott was convicted of felony murder, and he appealed.

Rule of Law


Holding and Reasoning (Thompson, J.)

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