P.v . Murphy
On the night of December 28, 2001, appellant Anderson Love Murphy fatally shot James Greathouse III at Anna Grays house in West Fresno. At his first trial, appellant was charged with first degree premeditated murder (Pen. Code,[1] 187, subd. (a)), with various special allegations. The prosecution witnesses testified that appellant suddenly shot Greathouse without provocation. Appellant extensively testified about his encounters with Greathouse, that Greathouse repeatedly threatened him that day, and he shot Greathouse in self defense because he believed Greathouse was reaching for a gun to act upon his recent threats. However, no weapon was found on or near the victim. Appellant was found not guilty of murder but guilty of the lesser included offense of voluntary manslaughter.
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