Kitchen v. State

Eddie Kitchen appeals his conviction and sentence for second degree murder. We reverse.

Defendant was charged with second degree murder. At trial, defendant requested an instruction on the lesser included offense of manslaughter. The trial court instructed the jury that “the defendant cannot be guilty of manslaughter if the killing was either justifiable or excusable homicide, as I have previously explained those terms.” (Emphasis supplied.) However, the trial court had not explained those terms. The jury found defendant guilty of second degree murder.

The state properly concedes that…