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If the jury truly believed that appellant performed a "sleeper hold" as a sexual maneuver and did not intend to kill the victim, the jury could easily have given effect to that belief by acquitting appellant of capital murder and convicting him of manslaughter. That the jury chose not to do so shows that it did not believe appellant's story. Any in the instruction error was harmless.
February 21, 2005 at 12:00 AM
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