State v. Anderson

On this appeal, the defendant raises two issues: (1) The trial court erred in refusing to submit a verdict for second-degree murder, and (2) a new trial should be granted in the interest of justice.

Submission of lesser offenses.

The defendant’s request for submission of the lesser verdicts of second-degree murder and manslaughter were denied. The defendant has appealed, alleging that the trial court erred in refusing to submit to the jury a verdict of second-degree murder.

There is little dispute in the facts as to the circumstances surrounding this homicide. On the evening of May 24, 1968, the…