¶1concurring. I agree with the majority on all points but one. The majority relies on the “Skip Rule” to justify not instructing on manslaughter and negligent homicide. As I wrote in Easter v. State, 306 Ark. 615, 816 S.W.2d 602 (1991) (J. Brown concurring), the “Skip Rule” is used to justify not giving an instruction after the fact based on a verdict for a greater offense. The rationale is that no prejudice was caused by failure to give the instruction. Yet, had the appropriate instruction been given and defense counsel had the opportunity to argue that instruction, the verdict might well have been different.
¶2Nevertheless, I would affirm because there was no rational basis for giving the two instructions, and they would have confused rather than assisted the jury. See Findley v. State, 307 Ark. 53, 818 S.W.2d 242 (1991). For that reason, I concur.