State v. Thomas

HAYS, Justice.

A jury found Ernest Ambrose Thomas guilty of second degree murder. He now appeals and this court has jurisdiction pursuant to Rule 47(e)(5), Rules of the Supreme Court.

Thomas contends that the trial court committed fundamental error by failing to instruct the jury of the elements of voluntary manslaughter. As his defense, he had argued self-defense and lack of intent to commit murder.

Usually the failure of the trial court to give a jury an instruction which has not been requested is not error. State v. Evans, 109 Ariz. 491, 512 P.2d 1225 (1973). However, because of the…