Haygood v. State
Annotate this CaseDefendant was tried on the charge of second-degree murder. The jury was instructed without objection as to the lesser included offense of manslaughter, which included the instructions on manslaughter by act and manslaughter by culpable negligence. Defendant was found guilty of second-degree murder. Defendant appealed, alleging that fundamental error occurred when the jury was given the then-standard jury instruction on manslaughter by act, which the Supreme Court held to be fundamental error in State v. Montgomery. The Supreme Court accepted review in this case to answer a question certified to it by the court of appeal. The Court answered by holding that giving the erroneous manslaughter by act instruction is also fundamental error even if the instruction on manslaughter by culpable negligence is given where the evidence supports manslaughter by act but does not support culpable negligence, and the defendant is convicted of second-degree murder.
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