Montgomery v. State

ON MOTION FOR REHEARING, CLARIFICATION AND REHEARING EN BANC

LEWIS, J.

We deny the State’s motion for rehearing and rehearing en banc. We grant the State’s motion for clarification, withdraw our previous opinion, and substitute the following therefor.

Steven Montgomery, Appellant, appeals his judgment and sentence for second-degree murder. He contends the trial court fundamentally erred in giving the standard jury instruction for manslaughter by act, as it erroneously suggests that intent to kill is an element of that crime. We agree with Appellant because the standard instruction imposed an…