Roy v. State

OPINION

in which Hervey, Alcala, Richardson, Yeary, Newell, Keel, and Walker, JJ., joined.

Kelvin Lee Roy was convicted of murder and sentenced to seventy-five years’ imprisonment. The trial judge denied his request for a jury instruction on the lesser-included offense of manslaughter. Because there was more than a scintilla of evidence that would allow a jury to rationally find that if Roy was guilty, he was guilty of only manslaughter, we reverse the court of appeals’ judgment affirming the tidal judge’s ruling and remand for a harm analysis.

I

On February 7, 2014, Roy crashed into another…