Cody v. State

PHILLIP T. WHITEAKER, Judge.

| Appellant Andrew J. Cody was charged with one count of first-degree murder of Lee Britton and one count of aggravated residential burglary. The Pope County Circuit Court denied Cody’s request to instruct the jury on manslaughter on the murder charge, and the jury found him guilty of the lesser-included offense of second-degree murder. The jury acquitted Cody of aggravated residential burglary. He was sentenced to twenty years in the Arkansas Department of Correction. Cody subsequently filed a motion for new trial, arguing that the prosecutor had engaged in…