Green v. State

It is the contention of the defendant that, although there was no request for a manslaughter instruction, it was error to fail to submit such an instruction to the jury if the state of the evidence would have made such a submission proper. It is his contention that the court must submit the manslaughter instruction unless the defendant, as well as his counsel, waives the manslaughter instruction. Whether manslaughter could properly have been submitted we need not decide, and for the purpose of this appeal we assume that the question might properly have been given to the jury at the request of…