Flurry v. State

Although I agree with Judge Corbin’s dissenting opinion, I feel constrained to express my views separately.

I respectfully dissent from the majority opinion because I disagree that there was a rational basis on which the jury could have found the appellant guilty of the lesser included offense of carnal abuse in the third degree. I agree with the majority’s statement of the law, that is, it is error to refuse to give a correct instruction on a lesser included offense when there is testimony furnishing a reasonable basis on which the defendant may be found guilty of the lesser included offense.…