State v. Little

Following a jury trial, the defendant, John E. Little, was convicted of the second degree murder of his wife. See RSA 630:l-b. On appeal, he assigns as error the Trial Court’s (Goode, J.) refusal to give a requested jury instruction: (1) that the jury was to use a subjective test in determining whether sufficient provocation existed to reduce his offense to manslaughter; and (2) that the jury could recommend that the court act with mercy in sentencing. He also questions the court’s failure to instruct the jury on the element of malice. We overrule all exceptions and affirm the defendant’s…