State v. Ingram

CLEMENS, Presiding Judge.

A jury convicted defendant of second degree murder and assault with intent to kill with malice. He was sentenced to consecutive prison terms of 35 and 10 years. Defendant appeals, alleging the trial court erred (1) in denying his motion for acquittal on the murder charge and (2) in refusing to instruct on lesser included offenses.

We first consider defendant’s motion for acquittal on the murder charge because of allegedly insufficient evidence. Defendant contends the evidence failed to show a common intent and his affirmative participation in the homicide. We consider…