State v. Thomas

The defendant appeals from a conviction of involuntary manslaughter. He had been indicted and tried for first-degree murder.

The first question is whether a jury, upon a felony-murder indictment, may lawfully return a verdict of involuntary manslaughter.

The indictment alleged in effect that Norman Thomas and Jerry Oden beat Lloyd Harper to death in the course of robbing him. Oden was tried separately and was convicted of voluntary manslaughter.

There was evidence in Thomas’s trial that Oden and Thomas had been drinking with Harper and another man, Gary Banta. Banta testified that Oden and…