People v. Goodwin

—Appeal from a judgment of the County Court of Tioga County, rendered September 29, 1976, upon a verdict convicting defendant of the crime of manslaughter in the first degree. The sole issue raised and to be determined on this appeal is whether manslaughter in the second degree should have been charged as a lesser included offense upon the trial of an indictment alleging felony murder and burglary in the second degree. The jury acquitted defendant of the accusations contained in the indictment, but found him guilty of manslaughter in the first degree which had been charged as a lesser…