State v. McGuy

OPINION

FLANDERS, Justice.

Convicted of second-degree murder, the defendant, Damien McGuy (defendant), assails the trial justice on appeal for failing to instruct the jury on the lesser-included offense of voluntary manslaughter. He also maintains that the trial justice should have dismissed at least one of the charges against him because the state violated his constitutional right not to be placed in double jeopardy for the same offense. The state charged him both with murder and with committing a crime of violence while he was armed. According to the defendant, because the state had to…