It is generally prejudicial error for the trial court to instruct the jury upon a theory of a defendant's guilt which is not supported by the evidence. There being no evidence to support the instruction on acting in concert, defendant must receive a new trial. In light of our decision, we deem it unnecessary to address defendant's remaining assignments of error. For the reasons stated, defendant must have a new trial. The question in the present case is whether involuntary manslaughter is a natural or probable consequence of an attempt to purchase crack cocaine.
Death is a natural and sometimes probable consequence of an attempt to purchase drugs on the street.
Defendant was engaged in attempting to purchase drugs, and it was proper for the trial court to instruct the jury that it could find him guilty of involuntary manslaughter through acting in concert. Our courts have held that a defendant is responsible when a death occurs during the commission of an armed robbery in which he acts in concert. The same standard should apply when a death occurs during the commission of an attempted drug purchase. Because the trial court properly applied this standard, I respectfully dissent from the majority's opinion holding it was error to instruct on acting in concert.