State v. Brichikov

Summary

The Court held that the evidence, viewed in the light most favorable to defendant, required an instruction on involuntary manslaughter because a rational jury could find culpable negligence without malice. It further held that the omission was prejudicial because there was a reasonable possibility that the jury would have returned the lesser verdict rather than convicting defendant of second-degree murder. The Court affirmed the Court of Appeals’ decision vacating the judgment and granting a new trial.