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Daniley a/k/a Daniely v. State

Defendant shot and killed the victim after the victim threw a beer bottle at him.

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Eric L. Daniley, a/k/a Eric L. Daniely, was convicted of murder in the shooting death of Frederick Threats. He appeals from the judgment and sentence entered on his conviction.1 Finding no error, we affirm.

1. The evidence adduced at trial authorized the jury to find that Daniley, three friends and the victim had spent the evening imbibing alcoholic beverages. After Daniley argued with his girl friend and punched a friend who had intervened in that argument, the men drove in separate cars to Daniley’s home. At that time Daniley went to the car still containing the victim and began hitting the victim prior to his exiting from the vehicle. Daniley threatened to “blow the victim’s brains out” and pointed a gun at him. The victim picked up a beer bottle and threw it at Daniley. One eyewitness testified that Daniley began shooting immediately after the bottle hit the ground; another witness saw Daniley steadily shooting as the victim walked backwards. The victim died from a single gunshot wound to the chest. Conflicting statements Daniley made to the police were also adduced.

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