State v. Berube

DANA, Justice.

Scott Berube appeals from the judgment of conviction entered in the Superior Court (York County, Delahanty, C.J.) on a jury verdict finding him guilty of Class A manslaughter, 17-A M.R.S.A § 203(1)(A) (Supp. 1994). Berube does not include among his claims of error any challenge to the trial court’s instructions to the jury. We conclude, nevertheless, that the court’s failure to instruct the jury on a partial defense generated by the evidence at trial constitutes obvious error requiring that the judgment be vacated.

On July 16,1992, while riding his motorcycle, Berube struck and…