The State v. Joseph Bowers

Syllabus

Joseph Bowers was involved in a multi-person shootout resulting in the deaths of two men and the injury of two others. A jury convicted him of voluntary manslaughter, assault and battery of a high and aggravated nature (ABHAN), and possession of a firearm during the commission of a violent crime. The court of appeals held the trial court should not have charged the doctrine of mutual combat to the jury, but the State argues the jury instruction did not prejudice Bowers as to the ABHAN conviction. We disagree and affirm the court of appeals' decision to reverse the ABHAN conviction based on the erroneous jury instruction on the doctrine of mutual combat.