People v. Stuller

This is an appeal by the defendant, David Eugene Stuller, from a judgment of conviction of murder entered after a jury trial in which verdicts of guilty of murder and guilty of voluntary manslaughter were returned. Although the appellant has raised numerous issues on this appeal, we conclude that only one of these merits discussion in this opinion. That is whether the trial court erred in vacating the verdict of guilty of voluntary manslaughter and entering judgment on the verdict of guilty of murder. In light of the evidence adduced at trial and the defective murder instruction given to the…