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McMillan v. State

The defendant beat the victim to death with a pool cue, after arguing with the victim over money he lost in a dice game.

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A jury convicted Jackie McMillan of felony murder in the beating death of Morris Paulk.1 McMillan appeals, contending the trial court erred in not charging the jury on mutual combat and voluntary manslaughter. Because McMillan specifically requested that the trial court not give the charges, we affirm.

1. The evidence at trial showed that McMillan, his co-defendant Reggie Johnson, the victim, and several others were at a pool hall gambling with dice. McMillan and the victim got into an argument because McMillan was losing money. McMillan left, but then returned and hit the victim in the head from behind with a pool cue and continued hitting him in the face. The victim went to a nearby house, where emergency workers were called. He was taken by ambulance to the hospital, where he died six days later as a result of the effects of blunt force trauma to the head.

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