Robinson v. State

Richard L. Mays, Justice.

Appellant received a sentence of life without parole after a jury found him guilty of capital murder. Included among the issues raised by appellant on appeal is whether the trial court erred in refusing to instruct the jury on lesser included offenses. From our review of the record, we find sufficient evidence to support an instruction on the lesser included offense of second degree murder, Ark. Stat. Ann. § 41-1503 (Repl. 1977). Therefore, we reverse appellant’s conviction and remand for a new trial.

Appellant, James Robinson, was charged with capital murder on…