State v. Cook

DOWD, Chief Judge.

Defendant was charged by indictment with murder in the second degree and a prior felony conviction. The jury found defendant guilty of manslaughter (§ 559.-070) and the court sentenced him under the Second Offender Act (§ 556.280) to ten years imprisonment. Defendant appeals.

Defendant raises two points on this appeal, both of which involve instructions. Defendant contends: (1) the trial court erred in failing to submit an instruction on accidental homicide; (2) the court erred in giving the hammer instruction.

Defendant does not attack the sufficiency of the evidence to…