Appellant Steven Scott was convicted of felony murder, aggravated assault and possession of a firearm during the commission of a crime in connection with the shooting death of Dan Smith, the boyfriend of Scott’s sister.1 He appeals from the denial of his motion for new trial, contending the trial court erred by excluding from trial evidence that the victim had been molesting appellant’s niece and refusing to charge the jury on the lesser included offense of voluntary manslaughter. For the reasons that follow, we reverse. 1. Viewed in the light most favorable to the verdict, the evidence authorized the jury to conclude that on the day of the crimes appellant’s 16-year old niece told him she had been molested by the victim. Appellant walked to a convenience store to get a beer, which he stated calmed him down, then returned home to continue talking to his niece. When the child’s mother and the victim arrived to pick her up, the child, her mother, and appellant went inside the house to talk privately. Minutes later, appellant exited the house, asked the victim why he did it, and fatally shot the victim as he sat in his car. We conclude the evidence was sufficient to enable a rational trier of fact to find appellant guilty of the crimes charged beyond a reasonable doubt. Jackson v. Virginia , 443 U. S. 307 99 SC 2781, 61 LE2d 560 1979.
2. Appellant contends the trial court erred by refusing to charge the jury on the lesser included offense of voluntary manslaughter. Voluntary manslaughter occurs when one kills another human being under circumstances which would otherwise be murder, if the killer “acts solely as the result of a sudden, violent, and irresistible passion resulting from serious provocation sufficient to excite such passion in a reasonable person.” OCGA § 16-5-2 a. ” ‘On the trial of a murder case, if there be any evidence, however slight, as to whether the offense is murder or voluntary manslaughter, instruction as to the law of both offenses should be given the jury.’ Banks v. State , 227 Ga. 578, 580 182 SE2d 106.” Henderson v. State , 234 Ga. 827, 832 218 SE2d 612 1975.
