Appellant Steven Scott was convicted of felony murder, aggravated assault and possession of a firearm during the commission of a crime in connection with the shooting death of Dan Smith, the boyfriend of Scott's sister.
1. Viewed in the light most favorable to the verdict, the evidence authorized the jury to conclude that on the day of the crimes appellant's 16-year old niece told him she had been molested by the victim. Appellant walked to a convenience store to get a beer, which he stated calmed him down, then returned home to continue talking to his niece. When the child's mother and the victim arrived to pick her up, the child, her mother, and appellant went inside the house to talk privately. Minutes later, appellant exited the house, asked the victim why he did it, and fatally shot the victim as he sat in his car. We conclude the evidence was sufficient to enable a rational trier of fact to find appellant guilty of the crimes charged beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979).
2. Appellant contends the trial court erred by refusing to charge the jury on the lesser included offense of voluntary manslaughter. Voluntary manslaughter occurs when one kills another human being under circumstances which would otherwise be murder, if the killer "acts solely as the result of a sudden, violent, and irresistible passion resulting from serious provocation sufficient to excite such passion in a reasonable person." OCGA § 16-5-2(a). "`On the trial of a murder case, if there be any evidence, however slight, as to whether the offense is murder or voluntary manslaughter, instruction as to the law of both offenses should be given the jury.' Banks v. State, 227 Ga. 578, 580, 182 S.E.2d 106." Henderson v. State, 234 Ga. 827, 832, 218 S.E.2d 612 (1975).
In this case, appellant proffered evidence supporting an inference that he shot the victim in the heat of passion during a confrontation about the victim's molestation of appellant's niece. Appellant testified he learned of the molestation one or two hours before the shooting. Immediately prior to the shooting, appellant's sister, when informed about the molestation, stated she did not believe her daughter. Appellant stated he then retrieved his gun for his own protection and went outside to talk to the victim. Appellant asked the victim why he did it, and the victim taunted him by saying "she's my b____, I can do whatever I want." At that point, appellant stated he "lost it," "blacked out," and started shooting. In light of this testimony, we conclude the slight evidence necessary to show provocation to support a charge on voluntary manslaughter was present.
3. It follows that the trial court's ruling that appellant could not introduce evidence relevant to prove provocation was harmful error. See OCGA § 24-2-1; Brown v. State, supra, 270 Ga. at 601-602, 512 S.E.2d 260 ("Evidence is relevant and, therefore, admissible it if tends to prove a material issue in the case").
Judgment reversed.
All the Justices concur.