State v. Brown

HILL, Judge.

We first examine defendant’s contention that the trial court erred in denying his motion for dismissal as to all of the offenses charged and the motion for a directed verdict as to second degree murder and voluntary manslaughter. Inasmuch as the jury failed to find the defendant guilty of second degree murder, that issue becomes moot, leaving only the issues pertaining to voluntary and involuntary manslaughter.

The definitions of the remaining offenses are well established. Voluntary manslaughter is the unlawful killing of a human being without malice, express or implied, and…