In a criminal appeal from jury convictions for first degree murder and attempted murder, the Court addressed whether lesser included offences of second degree murder and manslaughter had an air of reality and had to be left with the jury.
The majority held the trial judge erred by not leaving those included offences on the murder count, and upheld the order for a new trial on that count.
The Court held the error did not taint the attempted murder convictions and rejected additional challenges regarding jury aids, juror bias, and propensity instructions.
The appeal and cross-appeals were dismissed.
