Rainey v. State

David Newbern, Justice.

The appellant, Fred Martin Rainey, was convicted of first degree murder in connection with the shooting death of Joetta Kirkpatrick. He was sentenced to twenty years imprisonment. Rainey alleges error in the Trial Court’s failure to instruct the iury on the lesser included offense of manslaughter. We hold there was a rational basis for the manslaughter instruction and reverse and remand.

Rainey, who was approximately 25, and Kirkpatrick, a middle-aged woman, had known each other for several years and had engaged in sexual intercourse on at least three occasions. On March…