Commonwealth Pennsylvania v. Bennie Garcia - Supreme Court of South Dakota

Commonwealth Pennsylvania v. Bennie Garcia

By Supreme Court of South Dakota

  • Release Date: 1977-10-07
  • Genre: Law

Description

Appellant Bennie Garcia was arrested on March 1, 1974, and charged with murder and voluntary manslaughter. At trial, appellant requested a jury instruction on involuntary manslaughter. The court refused his request because (1) appellant had not been indicted for involuntary manslaughter, and (2) in the courts view the evidence of involuntary manslaughter was "at best meager and feeble." The jury returned a verdict of guilty of voluntary manslaughter and the court, after denying post-trial motions, imposed a sentence of five to ten years imprisonment. In this appeal, appellant contends that the court erred in refusing his