P. v. Castleberry
Defendant Billy Ray Castleberry appeals his conviction for the second degree murder of his son, Bradley. He contends that the trial court erred in refusing to instruct on involuntary manslaughter, in light of the evidence that defendant believed that his gun was not loaded and that he acted without malice but only with criminal negligence when he aimed the gun at his son and pulled the trigger. Court agree, and Court therefore reverse his conviction.
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