Quote:
Originally Posted by Senator Clay Davis
Prosecution would probably have gotten a conviction on manslaughter if that had been their initial plan. Going for the murder charge was not wise at all.
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Manslaughter is an included offence to murder. It's common for failed murder-2 charges to end up in manslaughter convictions.
It can also be advantageous to pursue the higher offence, as it creates a feeling of compromise within the jury. There's to stop you from pursuing the elements of manslaughter during your murder trial.