Weiner v. State

The appellant challenges the judgments and sentences imposed upon him after a jury found him guilty of conspiracy to commit aggravated battery and two counts of manslaughter. We reverse and remand for a new trial.

The appellant was charged with conspiracy to commit second degree murder and two counts of second degree murder. Following the presentation of the evidence and final argument, the trial court instructed the jury on manslaughter, a necessary less*561er included offense of second degree murder. Although the appellant did not object at trial, the appellant now contends that the trial court…