McCormick v. State

CROSS, Judge.

Appellant-defendant, Vivian McCormick, appeals a judgment of conviction and sentence for murder in the second degree. We reverse.

The appellant-defendant, Vivian McCormick, was charged by indictment with murder in the first degree. At the conclusion of the evidence, the court instructed the jury on all degrees of unlawful homicide and also on justifiable homicide and excusable homicide. Shortly after beginning its deliberations, the jury requested the court to summarize the jury instructions. Pursuant to this request the court summarized for the jury the elements of murder in the…