RAINEY v. STATE

No. CR 92-302.

837 S.W.2d 453 (1992)

310 Ark. 419

Fred Martin RAINEY, Appellant, v. STATE of Arkansas, Appellee.

Supreme Court of Arkansas.

September 21, 1992.


Attorney(s) appearing for the Case

David L. Gibbons, Russellville, for appellant.

Cathy Derden, Asst. Atty. Gen., Little Rock, for appellee.


NEWBERN, Justice.

The appellant, Fred Martin Rainey, was convicted of first degree murder in connection with the shooting death of Joetta Kirkpatrick. He was sentenced to twenty years imprisonment. Rainey alleges error in the Trial Court's failure to instruct the jury on the lesser included offense of manslaughter. We hold there was a rational basis for the manslaughter instruction and reverse and remand.

Rainey, who was approximately 25, and Kirkpatrick,...

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