Summers v. State

COBB, Judge.

The defendant appeals from his conviction for manslaughter. We have reviewed the points raised by the defendant and find that while only one has merit, it necessitates a new trial. The defendant was charged with first degree murder in the shooting death of one Aaron Sutterby. Following the close of the state’s case, the trial court granted the defendant’s motion for judgment of acquittal as to first degree murder but denied the motion as to second degree murder and manslaughter.

In instructing on manslaughter, the trial court gave the following instruction:

An issue in this case is…