Opinion of the Court by POLLACK, J.
This case raises the question of whether the trial court erred in failing to instruct the jury upon the offense of assault in the first degree as an included offense of the charge of murder in the second degree.
The circuit court in this case declined to instruct the jury on the defense's requested instruction on assault in the first degree. The jury returned a verdict of manslaughter, and the Intermediate Court of Appeals...
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