State v. Arnold

OPINION

DONOFRIO, Judge.

The appellant was convicted of second degree murder following a trial to a jury. Judgment of guilt was entered on January 24, 1975 and she was sentenced to not less than ten years nor more than ten years and one day in Arizona State Prison.

On appeal appellant argues that it was error for the trial court not to instruct the jury, sua sponte, on involuntary manslaughter. We need not reach the question of whether an involuntary manslaughter instruction was warranted under the evidence, even had it been requested. We think the appellant’s failure to request the instruction…