State v. Kurns

OTT, Judge.

Appellee was charged with attempted first-degree murder. Following appellee’s conviction of attempted second-degree murder, the trial court granted his motion for a new trial. We reverse.

In the trial judge’s charge to the jury, he instructed on the definitions of attempted first-degree murder, lesser included offenses, and on the justifiable use of force and excusable homicide. During their deliberation, the jury returned and requested the trial judge to repeat the definitions of aggravated assault, attempted manslaughter, and self-defense. With the agreement of both the state and…