State v. Clay

Clarke, Justice.

Frances Clay was indicted and tried for the murder of her husband. She was convicted of voluntary manslaughter. The Court of Appeals reversed, holding the evidence was insufficient to support a conviction for voluntary manslaughter. We granted certiorari to address the issue of whether a conviction of a lesser included offense may be reversed on the general grounds when the defendant requested a charge on that offense.

1. The dilemma presented by this case is the result of the difference in the standard used by the trial court in charging a particular offense to the jury and…