Allen v. State
Annotate this CaseDefendant was convicted for the malice murder of the victim and other related crimes and was sentenced to life in prison. The trial court denied his motion for a new trial and he appealed. The court held that defense counsel affirmatively stated that he had no objection to the admission of defendant's statements at trial and he has waived review of this issue on appeal; there was no likelihood the omission of a specific charge on transferred justification affected the outcome of the trial and the trial court did not plainly err; because the evidence in this case did not show the sudden, violent, and irresistible passion required to warrant an instruction on voluntary manslaughter, the trial court did not err in refusing to give the requested charge; there was no merit in defendant's assertion that the trial court committed error by refusing to charge the jury on the defense of mistake of fact; and defendant could not demonstrate prejudice in regards to his ineffective assistance of counsel claim. Accordingly, the court affirmed the judgment.
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