State v. Freeman

Defendant asserts, inter alia, that he is entitled to a new trial because (1) the judge erred in his charge with reference to the quantum of proof required of defendant in order to reduce murder in the second degree to manslaughter or to establish the defense of self-defense and (2) the judge failed to submit to the jury the issue of defendant’s guilt of involuntary manslaughter.

The judge explained to the jury that if defendant intentionally shot Sawyer with a pistol and thereby caused his death, the law presumed that the killing was unlawful and done with malice and, nothing else appearing,…