Lynch v. State

I must dissent to the majority's decision on issue I and the trial court's refusal to give Lynch's tendered instruction on involuntary manslaughter as a lesser included offense.

As noted by the majority, we apply a two step analysis in determining the necessity of giving an instruction on a lesser offense.

In the first step the court determines whether the lesser offense in question is properly includible. If it is not, the inquiry ends and the instruction may properly be refused. Lawrence v. State (1978), 268 Ind. 380, 375 N.E.2d 208.

If the lesser offense is includible, the court proceeds to…