[Revolting cat!]

I think that giving the jury a choice, as in this case (I’m not talking about recipes this time) is a nasty trick.

[don-o]

I think that giving the jury a choice, as in this case (I’m not talking about recipes this time) is a nasty trick.

Back on track - and I know this has been discussed. But, is the denial of defense attempt to exclude additional included charge of manslaughter a possible grounds for appeal? I have been shown to my satisfaction that the automatic inclusion is kosher, based on the category of Murder 2

HOWEVER, MOM made a valid argument to the judge to exercise her power to exclude. She brushed him off like a gnat. Is that reversible?

[Uncle Chip]

Exactly —

As West pointed out, the state charged his client with Murder 2 not Manslaughter. Let them prove Murder2 and if they can’t then that’s too bad.

Frankly I think the defendant should have to consent to the consideration of a lesser charge rather than it being thrust upon him at the jury instruction stage.