State v. Virginia Warden

— This case, along with its companion case, State v. Berlin, 133 Wn.2d 541, 947 P.2d 700 (1997), presents the issue of whether jury instructions may be given for manslaughter when a defendant is charged with both felony murder and intentional or premeditated murder. In this case, the Court of Appeals reversed Defendant’s second degree murder conviction, noting manslaughter is a lesser included offense of intentional murder and holding the evidence of diminished capacity supported giving jury instructions for manslaughter. See State v. Warden, 80 Wn. App. 448, 454-55, 909 P.2d 941, review…