State v. Studd

Keith Studd appeals his conviction of second degree felony murder, contending the court erred in (1) giving an instruction regarding self-defense which the Supreme Court subsequently ruled was misleading, (2) refusing to give instructions regarding lesser included offenses, and (3) ordering the sentence be served consecutively instead of concurrently. We reverse.

FACTS

David Castle died of a single knife wound to the chest. Mr. Studd told police he had knifed Mr. Castle, but claimed to have acted in self-defense. Mr. Studd testified the two men were fighting when Mr. Castle stated he was going…