HINES, Presiding Justice.
William Earnest Barron appeals his conviction and sentence for felony murder while in the commission of aggravated assault in connection with the fatal stabbing of fellow inmate Roderick Rumph. His sole challenge is that the trial court erred in refusing to charge the jury on voluntary manslaughter. Finding the challenge to be without merit, we affirm.
The evidence construed in favor of the verdicts showed the following. On October 5, 2011, Barron and Rumph were both inmates at a prison in Gwinnett County. The men were housed in different buildings of the prison complex, but the buildings were next to each other and shared the same yard. Sometime prior to the stabbing and in an attempt to acquire cigarettes, which were contraband in the prison, Barron gave Rumph commissary goods and a CD player in trade. Barron learned that Rumph was going to renege on the deal and not give Barron any cigarettes or return the goods Rumph had already been given. Barron became angry and discussed the situation with his cellmate. The cellmate tried to calm Barron and even offered him some of his own commissary items. Later that day Barron was still upset, though not "distraught," and set out to find Rumph; Barron had acquired a sharpened piece of metal, known as a "shank," and had the shank with him. After Barron found Rumph in a holding area known as the "sally port," Rumph told Barron that he was not going to give him anything and turned his back on Barron. Barron then stabbed Rumph in the back three times; during the stabbing, Barron said to Rumph, "how you gonna take from me." The mortally wounded Rumph fell to the ground. Barron threw down the shank and stood there calmly. Rumph was taken to the prison medical unit and pronounced dead shortly thereafter.
1. Barron has not enumerated as error that the evidence at his trial was insufficient to sustain his conviction for felony murder; nevertheless, this Court has reviewed the evidence and finds that it was sufficient to enable a rational trier of fact to find Barron guilty beyond a reasonable doubt of the felony murder and the underlying aggravated assault. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979).
2. There is no merit to Barron's contention that the trial court erred in refusing to instruct the jury on the lesser charge of voluntary manslaughter, see OCGA § 16-5-2(a),
As a threshold matter, Barron failed to object or take any exception to the trial court's instructions at the conclusion of its charge to the jury in the present trial, and consequently, review of the issue by this Court is precluded by OCGA § 17-8-58
There was no such error in this case. A request to charge has to be "legal, apt, and precisely adjusted to some principle involved in the case and be authorized by the evidence." McLean v. State, 291 Ga. 873, 877(4)(a), 738 S.E.2d 267 (2012). Whether the defendant presented any evidence of provocation sufficient to excite the passions of a reasonable person, i.e., sufficient to sustain voluntary manslaughter, is a question of law for the courts. Campbell v. State, 292 Ga. 766, 767(2), 740 S.E.2d 115 (2013). Barron relies upon evidence that he "snapped" because of Rumph's behavior, which he characterizes as disrespect for him. But, the question is not Barron's violent response, but rather what precipitated it.
First, the evidence shows that Barron had substantial time to cool down after he learned that Rumph was not going to procure the cigarettes for him and before he intentionally sought out Rumph. In fact, that Barron discussed the matter with his cellmate, procured the shank, and then later went in search of Rumph, was evidence that Barron acted in a "rational and calculated fashion" rather than "solely as a result of a sudden, violent, and irresistible passion." Taylor v. State, 282 Ga. 502, 503-504(2), 651 S.E.2d 715 (2007).
As for the fatal encounter itself, there was no evidence of any significant heated verbal exchange between Barron and Rumph, and even if there had been, words
Judgment affirmed.
All the Justices concur.