State v. Johnson

Appellant, Russell Johnson, appeals from the judgment and sentence imposed upon him after his conviction of second-degree murder. Appellant was tried before a jury on a charge of murder in the first degree. The jury returned a verdict of guilty of second-degree murder. Appellant assigned eight formal assignments of error which raise two distinct issues:(1) Was appellant entitled, in view of the evidence introduced at trial, to have his proposed instruction on the issue of manslaughter given to the jury?(2) Was any portion of the testimony of the state’s witnesses or the testimony elicited…