Arizona v. Lua
Annotate this CaseIn this case, the Supreme Court clarified the issue as to what form a provocation-manslaughter instruction should take in a second-degree murder trial. Defendant was charged with two counts of attempted second-degree murder. During trial, over Defendant’s objection, the trial court instructed the jury on attempted provocation manslaughter, ruling that attempted provocation manslaughter is a lesser-included offense of attempted second-degree murder. Defendant appealed, arguing that the trial court erred in instructing the jury on manslaughter. The Supreme Court affirmed, holding that Arizona’s statutes allow a provocation-manslaughter instruction in a second-degree murder case if the evidence warrants such an instruction even if the offense is not separately charged.
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