State v. Hopkins

TITUS, Presiding Judge.

Defendant was jury-convicted of second degree murder but the trial court granted his motion for a new trial. Thereafter, defendant waived a jury and consented to be court-tried upon the transcript of the first trial. On January 24, 1976, without rendering a verdict, the court indicated it believed defendant was guilty of manslaughter and forthwith sentenced him to imprisonment for a term of five years. On May 3, 1977, we set aside the submission, dismissed defendant’s then pending appeal and remanded the cause to the trial court with directions to enter a verdict,…