Brown v. State

The trial court, deliberately and over objection by the defense, used a verdict form that did not provide the jury with the option of a “not guilty” verdict on the offenses of felony murder and voluntary manslaughter. The verdict form was coupled with a jury charge that failed to inform the jurors that the “not guilty” option for malice murder on the form could operate as a general acquittal of the felony murder and voluntary manslaughter offenses and mentioned those two offenses expressly only in the context of a verdict of guilt. Because the form failed to show “a clear option of a not…