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Anderson v. State

The defendant shot and killed her neighbor after he left oil stains on the sidewalk while working on his car.

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A jury convicted Mozel Anderson of malice murder for shooting William Brewster to death. Although Anderson enumerates several errors on appeal, the principal issues involve the trial court’s instructions to the jury. Because there is no reversible error arising from the jury charge or the other items enumerated on appeal, we affirm.1

On October 29, 1996, Anderson complained to her neighbors, the Brewsters, that Mr. Brewster had left oil stains on the sidewalk when he was working on his cars and the stains were aggravating Anderson’s allergies. The next day, Anderson called the police about the oil stains. When the police arrived, Brewster was cleaning the stains from the sidewalk. The police spoke with Anderson and Brewster and escorted Anderson back to her house. A few minutes after the police left, Anderson retrieved a handgun from inside her home and shot Brewster twice, killing him. At trial, Anderson testified that Brewster attacked her with a shovel, and she shot him in self-defense.

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