Green v. State

AREND, Justice.

Dallas Green, the defendant below, was tried for the crime of murder in the first degree. The jury found him guilty of the included offense of murder in the second degree. He thereupon moved for judgment of acquittal notwithstanding the verdict or for a new trial, claiming that the second degree murder statute pursuant to which he had been convicted is unconstitutional and void. He requested that he be sentenced for the included offense of manslaughter. The trial court denied the motion and sentenced the defendant to be imprisoned for fifteen years, the statutory minimum, but…