State v. Smith
Annotate this CaseDefendant was convicted by a jury of attempted second degree murder, first degree assault, and use of a weapon to commit a felony. The court of appeals (1) affirmed the assault and weapon convictions and found that the trial court did not err in failing to give a self-defense instruction, but (2) reversed and remanded for a new trial on the attempted second degree murder conviction, finding the jury should have been instructed on both attempted second degree murder and attempted sudden quarrel manslaughter. Although its reasoning differed in some respects from that of the court of appeals, the Supreme Court affirmed, holding (1) because Defendant did not request an instruction on attempted sudden quarrel manslaughter, and because he was charged with a nonhomicide charge, the district court had no duty to instruct on any lesser-included offenses in the absence of such a request, and the court of appeals erred in holding otherwise; but (2) Defendant was entitled to a new trial at which the jury could be instructed on the distinction between second degree murder and voluntary manslaughter.
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