Green v. State

884 So.2d 733 (2004)

Michael GREEN

v.

STATE of Mississippi.

No. 2001-CT-00870-SCT.

Supreme Court of Mississippi.

June 24, 2004.

Thomas M. Fortner, Virginia Watkins, Jackson, attorneys for appellant.

Office of The Attorney General by Jean Smith Vaughn, attorney for appellee.

EN BANC.

ON WRIT OF CERTIORARI

COBB, Presiding Justice, for the Court.

¶ 1. On writ of certiorari, we review the Court of Appeals' decision affirming the trial court's refusal to give Michael Green a jury instruction on a lesser, non-included offense. Concluding that the trial court, and subsequently the Court of Appeals, erred in…