State v. Smith

Roe, A.C.J.

The defendant Michael Smith appeals his conviction of manslaughter in the first degree. On December 1, 1979, the defendant and several of his coworkers were in a cocktail lounge. Bobby Wright, the victim, and Joe Scanlon, a codefendant, were in a fight and the victim was beaten unconscious by Scanlon. Two witnesses saw the defendant dump the contents of an ashtray on the victim as he lay on the floor, saying, "That's what you deserve, you son-of-a-bitch." Thereafter the defendant slung the victim over his shoulder and carried him out of the cocktail lounge. A witness testified he…