State v. Coleman

I respectfully dissent.

The law to be charged is determined by the evidence presented at trial.1 The trial judge must charge the jury on a lesser included offense if evidence is present to sustain a conviction for a crime of a lesser degree.2 The judge should *179refuse to charge a lesser included offense only if no evidence exists showing the defendant committed the lesser rather than the greater offense.3

Coleman was indicted for ABIK. ABIK is an unlawful act of a violent nature to the person of another -with malice aforethought, either express or implied.4 ABIK also requires the intent to kill.5…