State v. Cottrell

Justice PLEICONES:

Appellant was convicted of murder, assault with intent to kill, resisting arrest with a deadly weapon, and grand larceny. He received a death sentence for murder, the jury finding two statutory aggravating factors 1 and concurrent ten year sentences on the remaining three charges. On appeal, he contends 2 the trial court erred in refusing appellant’s request that the jury be charged voluntary manslaughter as a lesser offense of murder. We agree, reverse appellant’s murder conviction and death sentence, and remand for further proceedings.

*262 ISSUE

Whether the evidence, viewed in…