Schmuck v. State

FOX, Justice.

[¶1] Appellant, Terry L. Sehmuek, appeals his conviction of attempted second-degree murder. Mr. Sehmuek claims, that the district court improperly instructed the jury regarding sudden heat of passion, the definition of “malice” in the context of first-degree murder, the definition of “maliciously” in the context of second-degree murder, an aggressor’s right to use self-defense, and the duty to retreat before asserting the right of self-defense. We. affirm.

ISSUES

[¶2] Mr. Sehmuek raises one issue: Did the district court’s failure to properly instruct the jury deprive Mr. Sehmuek of…