Feen v. Ray

Defendant, Terelius Mocaby, Jr., appeals his convictions and sentence for murder following a jury trial in the circuit court of Williamson County, held February 23 through 26 and February 29, 1988. He raises five issues on appeal: (1) whether the State proved beyond a reasonable doubt that defendant was not so intoxicated that he was incapable of forming the necessary intent for murder; (2) whether defendant was denied a fair trial where the trial court refused his tendered instructions on voluntary and involuntary manslaughter; (3) whether the trial court abused its discretion in allowing the jury, during deliberations, to listen to defendants tape-recorded confession; (4) whether two of defendants murder convictions must be vacated as all three murder convictions were carved from the same physical act; and (5) whether defendant is entitled to one additional day of credit against his 23-year sentence of imprisonment. We reverse defendants convictions and sentence because we find that he was denied a fair trial by the trial courts refusal to instruct the jury on the offense of voluntary manslaughter.