X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

A jury found Bennie Frank Gibbs guilty of voluntary manslaughter.1 On appeal, Gibbs challenges the sufficiency of the evidence. Gibbs also asserts that the trial court erred in charging the jury. For reasons that follow, we affirm.

1. On appeal from a criminal conviction, we construe the evidence in the light most favorable to support the jury’s verdict.2 So viewed, the evidence shows that in the early morning of June 30, 1999, Gibbs drove a company truck to pick up his co-workers, George Jackson, Charlie Gibbs, Monroe Fair, and Walter Battle. Battle entered the truck, carrying a can of ravioli. Gibbs told Battle, who was running late, that he would leave without Battle the next time. Evidently, this angered Battle. According to Jackson, Battle told Gibbs that “if Gibbs stopped the truck, he was going to beat Gibbs.” Gibbs responded, “if I stop this truck, we are going to see who is going to beat one another.” Gibbs then pulled the truck over, and the two men exited the truck—Battle with his can of ravioli and Gibbs with a handgun.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.


Learn More

The University of Iowa College of Law anticipates hiring lateral faculty members in the areas of Family Law and Business Law. APPLICATION ...


Apply Now ›

NY auto defense firm seeks experienced TRIAL ATTORNEY to do trials, motions, court appearances, and depositions.Salary range 115K-150K depen...


Apply Now ›

The New York State Unified Court System is one of the largest court systems in the nation with over 16,000 judges and non-judicial employees...


Apply Now ›