Thomas v. State

COBB, Judge.

The appellant, Robert Thomas, was convicted of murder, a lesser included offense of the offense of capital murder as charged in the indictment. The appellant was sentenced to 30 years’ imprisonment. He raises three issues in this direct appeal. One of those issues, the failure of the trial court to charge the jury on the lesser included offense of reckless manslaughter, has merit and our resolution of that issue entitles the appellant to a new trial.

I

This case involves a shooting in which Thomas Ambers was killed. Because the appellant does not present a question of the…