DISMUKE v. STATE

No. S91A0130.

403 S.E.2d 812 (1991)

261 Ga. 254

DISMUKE v. The STATE.

Supreme Court of Georgia.

May 13, 1991.


Attorney(s) appearing for the Case

Larkin M. Fowler, Jr., Short & Fowler, Moultrie, for Dismuke.

H. Lamar Cole, Dist. Atty., Valdosta, Charles M. Stines, Asst. Dist. Atty., Moultrie, Michael J. Bowers, Atty. Gen., Atlanta, for the State.


SMITH, Presiding Justice.

The appellant, Marvin Dewayne Dismuke, shot and killed Francisco Luna at Pop's Game Room in Moultrie, Georgia. An exchange of words escalated into a confrontation in which Dismuke initially wielded a pool cue, and the victim wielded a chair. It ended when Dismuke shot the victim with a .25 caliber handgun. The victim apparently was not armed with a firearm or a knife, although a knife was recovered from a trash can. The investigating officers...

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