State v. Greene

MARTIN, Justice.

The sole issue in this appeal is whether involuntary manslaughter is a lesser included offense of murder in the second degree. Concluding that it is, we affirm the decision of the Court of Appeals.

A brief summary of the evidence is sufficient: After drinking beer and hanging out at the Country Boys night spot, defendant and David Whistine had a fistfight. Both apparently were wearing brass knuckles. Defendant testified that as he was leaving Country Boys he heard Whistine say, “Run, you son of a bitch. I know where you live. I’ll get you.” After he got to his home, defendant…