State v. Hill

I respectfully dissent because the defendant was entitled, in my judgment, to have the jury instructed that negligent homicide was a lesser included offense of murder in this case. I agree with the majority that he was not entitled to an instruction on involuntary manslaughter as a lesser included offense because the evidence failed to establish any underlying (or “causative”) misdemeanor, such as aggravated menacing.

I am not persuaded by any of the three reasons cited by the majority as justification for the trial court’s refusal to instruct on negligent homicide as a lesser included offense…