State v. McCarthy

DIXON, Judge.

Defendant, originally charged with second degree murder, was convicted of manslaughter, and the jury imposed a ten-year sentence.

Defendant asserts three points of error. The first two points question the propriety of the State’s eliciting the information that Cornelius Smith, who was separately charged, had pleaded guilty. Since this issue requires reversal, the third point relating to the prosecutor’s argument need not be noticed.

The sufficiency of the evidence is not questioned. The defendant and at least two other inmates beat to death an inmate named Barnett in a cell in the…