State v. Howland

The issue in this case involving an indictment for murder in the second degree, RSA 630:l-b, is whether it was error for the court to charge manslaughter, RSA 630:2, as a lesser included offense. We hold it was not.

Defendant was indicted for murder in the second degree for causing the death of his mother. At the State’s request, but over defendant’s objection, the trial judge, in addition to charging the jury on murder, charged the jury on manslaughter as a lesser included offense. Defendant was convicted of manslaughter and his exceptions were transferred by Bean, J.

RSA 630:l-b defines…