Newson v. State
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The Supreme Court reversed Defendant's conviction for murder in the first degree but affirmed his remaining convictions, holding that the district court abused its discretion by declining to instruct the jury on voluntary manslaughter.
Defendant was convicted of first-degree murder, child abuse, neglect or endangerment, and ownership or possession of a firearm by a prohibited person. During trial, defense counsel argued that Defendant shot the victim in a sudden heat of passion and that the killing was not premeditated. The district court, however, refused to instruct the jury on voluntary manslaughter, concluding that the evidence did not establish that offense. The Supreme Court reversed the judgment of conviction as to the murder charge and remanded for a new trial on that charge, holding (1) the circumstantial evidence suggested the killing occurred in a sudden heat of passion upon provocation, and therefore, the district court erred by refusing to instruct the jury on Defendant's defense theory of voluntary manslaughter, and the error was not harmless; and (2) Defendant's remaining allegations of error were without merit.
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