P.

I.

INTRODUCTION

Defendant Robert G. Pulley appeals from a judgment of conviction entered after a

jury convicted him of second degree murder, battery, and making a criminal threat. The

murder victim was Pulley's neighbor. The victim of the battery and criminal threat was

Pulley's son. On appeal, Pulley contends that there is insufficient evidence to support the

murder conviction. He first argues that his conviction for second degree murder based on

the shooting of his neighbor must be reversed because "the only reasonable conclusion

from the evidence was that [he] acted with the legal justification of defending against

harm to a person within one's home or . . . his property." He argues in the alternative that

even if this court does not agree that the evidence demonstrated that his act of shooting

his neighbor was justified, his conviction for second degree murder should be reduced to

voluntary manslaughter because the evidence supports a finding that he acted under the

heat of passion, and does not support a finding that he acted with implied or express

malice.

Pulley also contends that the trial court should have granted his motion to sever…