State v. Powell

Defendant, a police officer, was convicted by a jury of second degree murder of the woman with whom he lived. The murder occurred in their apartment. He was also convicted of the murder while armed with a gun. He appeals.

Defendant contends that it was reversible error for the trial judge to have denied his request to charge manslaughter, notwithstanding his disavowal on the stand of the statement which he made to police and introduced by the State, which “would support a manslaughter conviction.” We disagree.

At trial defendant’s counsel suggested that the jury, if it believed that statement,…