to do that. the other was there any objections to the manslaughter instruction, as it is written? no. so the only one that i have to deal with and make a determination on is the felony third degree murder. can we then now look to the proposed verdict form? judge, to the third degree murder issue, judge, of course, the court pointed out, it s one of those historically category 2, which means that it s discretiona discretionary, so long as the evidence the state gets it if they want it, if the facts fit to it. it s not really a discretionary issu issue. i disagree, but okay. i ll cite you to i think it s johnson versus state.
justifiable, not whether it was intentional. that s the issue that i m going to be looking at. we ll give mr. west some time to do that. the other was there any objections to the manslaughter instruction as it is written? no. so the only one that i have to deal with and make a determination on is the felony third-degree murder. can we then now look to the proposed verdict form? judge, to the third degree murder issue, of course the court pointed out it s one of those historically category two which means that it s discretionary so long as the evidence the state gets it if they want it if the facts fit to it. it s not really a discretionary issue. i disagree.
marsha clark and criminal defense attorney danny and mark c garagos. what do you think the opt is for a lesser charge? there is no question the jury will be charged on second degree and second degree murpder and manslaughter. i mean, that s a lesser included offense and the way i read the statute, it has to be done and i suspect that the government is going to request it. there is evidence to support manslaughter. so this jury will have a choice of what to convict george zimmerman on. if they convict him at all. marsha, that s how it goes. it s up to the jury. they can go for second-degree murder or manslaughter. it s not one or the other? exactly. anderson, it s very, very common. i mean, manslaughter is what s called a lesser included offense within second-degree murder and a rare case when the manslaughter instruction is not give when you have a murder charge like this and the jury makes the call.
and i suspect that the government is going to request it. there s evidence to support manslaughter. this jury will have a choice of what to convict george zimmerman on, if they re going to convict him at all. and that s how it goes, it s up to the jury, they can go for second degree murder or manslaughter. exactly. it s very, very common. manslaughter is what is called a lesser included offense within second degree murder and it s a very rare case when the manslaughter instruction is not given when you have a murder charge like this and the jury makes the call. but you think that in the summation by the prosecution that once they re allowed to give their version of events and tie all the pieces together, you think they may still be able to make a second degree murder case? it could happen, anderson. we feel the way we feel.
second murder and manslaughter. that s a lesser included offense. the way i read the statute, it has to be done. and i suspect that the government is going to request it. there s evidence to support manslaughter. this jury will have a choice of what to convict george zimmerman on, if they re going to convict him at all. and that s how it goes, it s up to the jury, they can go for second degree murder or manslaughter. exactly. it s very, very common. manslaughter is what is called a lesser included offense within second degree murder and it s a very rare case when the manslaughter instruction is not given when you have a murder charge like this and the jury makes the call. but you think that in the summation by the prosecution that once they re allowed to give their version of events and tie all the pieces together, you think they may still be able to make a second degree murder case? it could happen, anderson.