State v. Smith

PREWITT, Presiding Judge.

Following trial by jury defendant was convicted of second degree murder and three counts of assault in the first degree. He was sentenced to life imprisonment on the murder conviction and fifteen years on the three assault charges with the assault sentences to run consecutively. Defendant appeals.

Defendant has three points relied on. The first point that we discuss states that the trial court erred in not submitting to the jury, as he requested, an instruction on involuntary manslaughter as “there was evidence that the killing was done recklessly and was consequently…