McCartney v. State

OPINION

ONION, Presiding Judge.

This appeal is taken from a murder conviction, wherein the jury assessed punishment at fifty (50) years’ confinement in the Department of Corrections.

Appellant urges that the trial court erred in refusing to instruct the jury on the lesser included offense of voluntary manslaughter, and complains there was jury misconduct because of an improper discussion of the parole laws.

The State’s evidence at the guilt stage of the trial reflects that the appellant McCartney and the deceased, Ruby Mae Duck-worth, had been living together “for some time,” 1 and two weeks…