State v. Adams

I must respectfully dissent from the majority’s holding that the trial court’s refusal to given an instruction on first-degree manslaughter was proper. To justify the refusal of the trial court to give the requested instruction, the majority determines that the legislature intended that first-degree manslaughter be charged only where the underlying crime is a misdemeanor or a *537crime against property. The plain language of the statutes themselves belies this interpretation. The contrary intent of the legislature is also made clear by the Advisory Committee note to Minn.Stat. § 609.20, subd. 2,…