Commonwealth v. DeHaven

I must respectfully dissent from the majority opinion because the alleged error in the jury instruction was riot so prejudicial as to require reversal.

The reversal of the conviction is based upon a determination that it was reversible error for the trial court to instruct the jury on first-degree manslaughter as there appeared to be no direct evidence of extreme emotional disturbance (EED).

The giving of an instruction on first-degree manslaughter over DeHaven’s objection, was not reversible error, and even if such instruction was error, it was nonprejudicial. RCr 9.24. The act of manslaughter…