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Brown v. State

Defendant who did not inform the trial court why he needed an independent expert to test his and the victim's blood for alcohol and drugs was not entitled to funds or to a continuance for that testing.

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Tony Allen Brown was tried before a jury on charges of murder, felony murder, aggravated assault, and possession of a firearm during the commission of a crime. He was found not guilty of the charged offenses but guilty of the lesser included offense of voluntary manslaughter. He appeals from the judgment of conviction entered on the guilty verdict.

1. All of the charges arose out of an incident in which Brown shot and killed Dudley Turner. Brown admitted that he shot and killed Turner but claimed that he acted in self-defense. According to a tape of the 911 call made by Brown immediately after the shooting, Brown reported that he and Turner were arguing in Brown’s apartment over a VCR which Brown had asked Turner to pawn for him. Brown said Turner came toward him with his hand in his pocket and jumped on him while he was sitting in a chair. Brown said he thought Turner had a knife in his pocket so he shot him in self-defense.

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