Schnarr v. State (Majority, with Dissenting)
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The Supreme Court reversed the judgment of the trial court convicting Defendant of manslaughter after a third trial and remanded this case for a new trial, holding that Defendant should have been permitted to argue that he believed he was acting in self-defense and to have a jury instruction on that point.
Defendant was charged with manslaughter. On appeal, Defendant argued that the circuit court erred by not giving his proffered jury instruction on justification and by denying him his request to argue that he believed he was acting in self-defense. The Supreme Court agreed, holding that a justification such as self-defense is considered an element of the offense and, once raised, must be disproved by the prosecution beyond a reasonable doubt.
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