Weir v. State

We affirm Weir's conviction and sentence on the charge of manslaughter by culpable negligence, addressing two points which merit our attention: the denial of the motion for judgment of acquittal and the special jury instruction on pre-existing injury. The trial record reflects that the victim, Michael Martin, had stayed at his sister's apartment. Weir and his wife were also overnight guests. Martin injected himself into an argument that occurred between Weir and his wife, telling Weir that he was upsetting his wife, and that he should calm down, go outside, and take a walk. Weir responded, ""Don't tell me what to do with my wife, or don't tell me how to treat my wife."" At some point in the argument, Weir raised his arm and punched Martin right between the eyes. At the time Weir struck him, Martin's hands were down by his side.