Andrew Farrow v. Samuel Smith

ELLETT, Justice: Mr. Farrow was charged with second degree murder, and after plea bargaining he entered a plea of guilty to the include offense of manslaughter. After commitment he filed a petition for release on , claiming that manslaughter was not an included offense in a charge of murder in the second degree. He offered no evidence at the hearing on his petition but relied upon the argument of his counsel, who admitted that manslaughter could be an included offense in certain situations. However, the thrust of his argument was that in other situations it might not be so and, therefore, Mr. Farrow should be set free.