Lacy v. State

On Application for Rehearing

The original opinion in this cause issued on September 18, 1992, is hereby withdrawn and the following is substituted therefore. The appellant, Marvin Lacy, was indicted for murder under § 13A-6-2, Code of Alabama 1975. He was ultimately found guilty of manslaughter and was sentenced to 15 years in the penitentiary. He now raises three issues for our review on appeal.

I

The appellant first contends that the trial court erred when it gave the following charge to the jury concerning the lesser included offenses of reckless manslaughter and criminally negligent homicide: