[Axelsrd]

Question:
The judge “permits” the jury to consider a lesser charge of manslaughter. Does this mean the jury HAS to consider manslaughter? Can the jury come back with a Not Guilty on M2...period?

[Spunky]

"Can the jury come back with a Not Guilty on M2...period?"

Nope! And here is something else to think about. Obviously this Jury has found him not guilty of 2nd degree murder but if it is a hung jury he can be retried on both these charges again. I just heard a lawyer say they can't separate the two.