Schluter v. State

This is an appeal from a judgment and sentence based upon a jury’s verdict finding the defendant guilty of manslaughter. We reverse the judgment and remand the cause because of prejudicial error in an instruction.

*285Before discussing the details of the evidence, we deem it necessary to set out the issues that were submitted to the jury. •

The information charged two offenses in two counts. As originally filed, the first count charged that the defendant unlawfully and feloniously, but without malice, did kill and slay one Freddie Freelin. The second count charged the defendant with leaving the…