State v. Wheelock

Defendant appeals his conviction of second-degree murder for shooting and killing James Brillon during a drug and alcohol binge. Defendant claimed he shot the victim because the victim was attacking him with a knife. He raises three issues, all concerning the trial court’s instructions to the jury. Defendant first contends that the trial court erred in its self-defense charge when it instructed the jury to assess the reasonableness of his belief without taking into account his intoxication. Second, he assigns error to the court’s refusal to instruct the jury on the theory of “imperfect…