State v. Manning

CRIST, Judge.

Appeal from a jury conviction for second degree murder. The jury was unable to agree as to punishment, and the trial court sentenced defendant to thirty years imprisonment. We reverse and remand.

Defendant and his wife were married in 1975, had one child and separated in March 1981. At the time of the shooting, in May 1981, defendant’s wife and child were living in a flat owned by defendant and wife. Shortly before that time, Julia Peckhorn and her young child had moved into the flat with wife and child.

*302After enjoying a movie on May 16, 1981, with their boyfriends, wife, Julia and…