Pemberton v. State

David Newbern, Justice.

The appellant was accused of capital murder for having killed Charles E. Brown. He was convicted of first degree murder and sentenced to forty years imprisonment. Three points of appeal are raised, the first of which is that the state was allowed to ask one of its own witnesses about a prior inconsistent statement the witness had made. Secondly, the appellant contends that the evidence was insufficient to support the jury’s verdict. His third point is that the trial court erred in failing to instruct the jury on the lesser included offense of manslaughter. We hold it…