Burgan v. State

GOSHORN, Judge.

Kharibe Burgan appeals from his conviction for second degree murder,1 two counts of robbery with a firearm,2 one count of attempted robbery with a firearm,3 one count of criminal conspiracy,4 and one count of burglary with a firearm.5 We find merit only in his contention that it was error to deny his request to charge the jury on third degree murder, with the underlying felony being aggravated assault.

Our supreme court has held that the failure to give a requested instruction is per se reversible error where the evidence supports the giving of the instruction. See Herrington v.…