State v. SwanAnnotate this Case
The Supreme Court reversed the judgment of the circuit court convicting Defendant of second-degree murder, holding that the circuit court erred in failing to instruct the jury on the lesser-included offense of first-degree manslaughter.
On appeal, Defendant argued that the circuit court abused its discretion by refusing to instruct the jury on first- and second-degree manslaughter and that there was insufficient evidence in the record to support his conviction of second-degree murder. The Supreme Court reversed, holding that the evidence entitled Defendant to an instruction on first-degree manslaughter. The Court remanded for a new trial on the issue of jury instructions for lesser-included offenses.