Grey v. State

in which MEYERS, KEASLER, HERVEY and COCHRAN, JJ., joined.

In the Royster-Rousseau line of cases, we established a two-pronged test for determining when a trial judge should submit to the jury a lesser-included offense that is requested by the defendant.1 Under the second prong of the test, “some evidence must exist in the record that would permit a jury rationally to find that if the defendant is guilty, he is guilty only of the lesser offense.”2 In Arevalo v. State,3 this Court held that the second prong applies equally to the submission of lesser-included offenses that are requested by the…