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Seay v. State

Evidence showing that defendant shot his girlfriend during an argument did not authorize a charge on involuntary manslaughter as a lesser included offense.

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Lewis Wayne Seay was convicted by a jury of malice murder and possession of a gun during the commission of a crime, in connection with the shooting death of Edna Denise Johnson.1 His sole contention on appeal is that the trial court erred in failing to charge the jury on the lesser included offense of involuntary manslaughter. Finding no error, we affirm.

Viewed in a light most favorable to the verdict, the evidence shows that Seay and his girlfriend Johnson, who were both drinking heavily, got into an argument in their trailer home. During the course of the argument, Johnson was shot through her nostril; the bullet lodged inside the top of her skull, killing her. Seay drove from the trailer park at a high rate of speed to a nearby store where he called 911 from his cell phone, reporting that a woman had been shot. Seay then encountered his niece who asked of Johnson’s whereabouts. He responded that Johnson was back at the trailer; he made no mention of an injury or accident. Seay fled from Georgia and drove to Texas where he abandoned his car. Approximately three months later, he surrendered to authorities in Sarasota, Florida.

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