Hurst v. State

Cosby Linward Hurst was indicted for the murder of Michael Fox. A jury convicted him of manslaughter. Sentence was ten years' imprisonment. Nine issues are presented on appeal.

I

The defendant argues that the trial judge erred in refusing to instruct the jury on the crimes of criminally negligent homicide, assault, and reckless endangerment as lesser included offenses of the crime charged in the indictment.

The State's evidence was that, shortly after midnight on July 2, 1982, Michael Fox shoved the defendant after the defendant hit his wife, Jody Hurst, who had discovered the defendant sitting…