Byrd v. State

The majority holds today that Byrd was not entitled to an instruction for second-degree murder because the instruction he offered contained the language “under circumstances manifesting extreme indifference to the value of human life.” See Ark. Code Ann. § 5-10-103(a)(1) (Repl. 1997). According to the majority, the first-degree murder provision under which Byrd was charged is for knowingly causing the death of a person age fourteen or younger. See Ark. Code Ann. § 5-10-102(a)(3) (Repl. 1997). Because this first-degree murder statute does not include the “extreme indifference” clause, the…