State v. Miller

*783PREWITT, Judge.

Defendant was charged with murder in the second degree and following jury trial convicted of involuntary manslaughter. He was sentenced to five years’ imprisonment. Defendant appeals, presenting four points relied on.

For his first point defendant contends that the trial court erred in submitting involuntary manslaughter to the jury. Defendant argues in his brief that he was either guilty of murder in the second degree “or guilty of nothing at all” because there “were no facts to support submission of Involuntary Manslaughter as a lesser included offense”.

Relevant here,…