State v. Booker

PRITCHARD, Judge.

Contending for outright reversal, or a reversal and a remand for new trial, of his conviction of murder in the second degree, appellant claims: That his conviction “was not supported by the weight of the evidence”; and, the dispositive issue, that the trial court erred in failing to instruct the jury on the offense of manslaughter, there being evidence to support it.

The jury found appellant not guilty of murder in the first degree, but guilty of murder in the second degree. It was unable to agree upon punishment and the court therefore first assessed it at 35 years, then…