State v. Stubbs

OPINION

In this case the defendant was indicted for and found guilty of murder in the second degree. The evidence presented by the defendant raised an issue as to manslaughter and the court charged on manslaughter as an included offense but instructed the jury erroneously upon the crime of manslaughter. Upon the jury’s request for further instructions, the court again instructed the jury erroneously and failed to distinguish correctly between murder in the second degree and manslaughter.

In answering the jury’s question, the court, after instructing on the elements of murder in the second…