Polley v. State

McMurray, Presiding Judge.

Defendant filed this appeal after his conviction for voluntary manslaughter. Held:

1. Defendant contends the trial court abused its discretion in failing to respond to the jury’s request for a recharge of the entire jury instruction.

During deliberations, the jury requested recharges on murder and voluntary manslaughter. With the consent of counsel, the trial court prepared written instructions on these topics and submitted them to the jury. The trial court then cautioned the jury “ ‘to recall all other jury instructions previously given by the Court in addition to the…