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Porter v. State

Trial court did not have to give defendant's requested charge on self-defense since evidence that he emptied a pistol into the unarmed, fleeing victim did not support it.

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Eric Porter appeals from the judgment of conviction and sentence entered for the offense of malice murder, asserting that the trial court erred in refusing to instruct the jury on self-defense.1 Finding no error, we affirm.

After discovering that his apartment had been broken into and his gun stolen, the victim, Michael Humphrey, entered the apartment of Porter’s brother and accused Porter of the break-in. With permission, Humphrey searched the bags of the persons in the apartment. He then went to the parking lot and approached Porter who was sitting in the back seat of a parked car. The events were witnessed by a woman who was seated in the driver’s seat of the vehicle. She testified that Humphrey asked Porter’s permission to search a bag which was also in the back seat; that Humphrey appeared calm and did not raise his voice; and that Porter agreed and Humphrey got into the back seat to carry out the search. At some point during the search, she heard Humphrey say to Porter, “give me my pistol”; whereupon the two began “tussling” and pushing each other’s arms. Both men exited the carPorter from the driver’s side and Humphrey from the passenger side. The witness next observed Porter in possession of a gun which he fired twice over the roof of the car at Humphrey who was retreating. As Humphrey ran toward the apartment complex, Porter fired two more shots at him. Forensic evidence established that two bullets fired from a large caliber handgun had lodged in the victim’s body, causing his death. Both shots were fired while the victim had his back to Porter.

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