Jackson v. State

I respectfully dissent.

The majority opinion holds that because the trial court failed in its duty to properly instruct the jury on the charge of second degree murder, defendant’s conviction should be reversed and the cause remanded for a new trial. However, the sole issue raised on appeal by the defendant was whether the trial court erred in refusing to submit to the jury defendant’s requested instruction on the lesser included offense of voluntary manslaughter.

The Court of Appeals affirmed the trial court. In a dissent, one appellate judge voluntarily or sua sponte raised the issue that the…