State v. Wharton

BEATTY, J.:

Danny Orlando Wharton was convicted of voluntary manslaughter and possession of a weapon during the commission of a violent crime. He appeals, arguing the trial judge erred in: (1) charging the law of voluntary manslaughter; (2) failing to charge the jury on the law of involuntary manslaughter; and (3) failing to charge the jury on the law of accident. We reverse.

FACTS

Danny Orlando Wharton and several of his friends were at a neighbor’s house playing cards when his ex-girlfriend, Pam Súber, confronted him about his new girlfriend. The two *73began arguing, and several people gathered…