Larkin v. StateAnnotate this Case
The Supreme Court affirmed Defendant's conviction of involuntary manslaughter as a lesser included offense of voluntary manslaughter, holding that the district court did not err in instructing the jury on involuntary manslaughter.
The State charged Defendant with voluntary manslaughter as a Class A felony for the fatal shooting of his wife. During trial, the State formally tendered an instruction on the lesser included offense of involuntary manslaughter based on a battery. The court gave the instruction, and the jury found Defendant guilty of involuntary manslaughter. The Supreme Court affirmed, holding (1) the trial court appropriately instructed the jury on involuntary manslaughter; (2) the State presented sufficient evidence to overcome Defendant's self-defense claim; (3) the trial court did not abuse its discretion by denying Defendant's motion to dismiss for prosecutorial misconduct; and (4) the trial court did not abuse its discretion by treating a handgun as an aggravator.