Chestang v. State

On Return to Remand

The appellant, Vernon M. Chestang, was indicted for intentional murder, a violation of § 13A-6-2(a)(1), Ala. Code 1975. A jury found him guilty of the lesser-included offense of reckless manslaughter, see § 13A-6-3(a)(1), Ala. Code 1975. The appellant was sentenced to 20 years' imprisonment. We reverse and remand.1

I

The appellant contends that the trial court erred in denying his motion for a judgment of acquittal made at the close of the State's case because, he says, "the State had failed to prove each and every material allegation of the indictment and further, that a…