State v. Kerr

Harry Edward Kerr appeals from a conviction of manslaughter. He contends the trial court erred by: (1) denying him the defenses that the killing was excusable or justifiable; (2) instructing the jury on intimidation with a firearm; (3) failing to declare a mistrial upon the belated discovery of a remark made by a juror prior to empaneling; and (4) failing to grant a new trial on the grounds the jury had reached the point of exhaustion when it returned its verdict. We find no error and affirm the conviction.

Because the trial court decided as a matter of law that there was insufficient evidence…