State v. Kaeo

Defendant was charged with murder in the second degree. After a jury trial, Defendant was convicted of reckless manslaughter. On appeal, Defendant argued that the trial court erred when it declined to instruct the jury on the offense of assault in the first degree as an included offense of the charge of murder in the second degree. The intermediate court of appeals (ICA) affirmed. The Supreme Court vacated the ICA’s and circuit court’s judgments, holding (1) assault in the first degree is an included offense of murder in the second degree; and (2) the circuit court erred by failing to instruct the jury upon the included offense of assault in the first degree. Remanded for a new trial. View "State v. Kaeo" on Justia Law