State v. Hicks

In his first proposition, appellant argues that he was entitled to an instruction on involuntary manslaughter as a lesser included offense of the aggravated murder of Armstrong.1 He contends that the jury could have found that he was so intoxicated on cocaine that he was unable to form the requisite intent to kill.

Involuntary manslaughter is a lesser included offense of aggravated murder. State v. Clark (1988), 38 Ohio *74St. 3d 252, 255, 527 N.E. 2d 844, 849. “The primary difference between involuntary manslaughter and aggravated murder is the offender’s intent.” State v. Jenkins (1984), 15…