State v. Crisantos (Arriagas)

I agree with the views stated in Part II of the majority opinion that the jury’s verdict of felony murder does not render harmless an erroneous refusal to charge the jury on available manslaughter verdicts. I also agree generally with the principles of law expressed in Part III of the opinion. I disagree that on the facts of this case the manslaughter issue should not have been submitted to the jury.

Although the versions of the incident are in sharp dispute, together they contain the facts that a jury will weigh in drawing the ultimate inferences of whether defendant acted with a state of…