WHITTIER v. STATE

No. CA CR 03-509.

141 S.W.3d 924 (2004)

84 Ark.App. 362

Terry WHITTIER v. STATE of Arkansas.

Court of Appeals of Arkansas, Division II.

January 21, 2004.


Attorney(s) appearing for the Case

Bart Ziegenhorn, West Memphis, for appellant.

Mike Beebe, Att'y Gen., by: Misty Wilson Borkowski, Ass't Att'y Gen., Little Rock, for appellee.


JOHN F. STROUD, JR., Chief Judge.

Appellant, Terry Whittier, was tried by a jury and found guilty of the offense of first-degree murder. He was sentenced to forty years in the Arkansas Department of Correction. His sole point of appeal is that the trial court erred in denying his requested manslaughter instruction. We agree and therefore reverse and remand.

Officer David Reynolds testified that around 4:00 a.m. on August 22, 2002, he was dispatched to the...

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