Arnold v. Commonwealth

HUMPHREYS, Judge.

Carlton William Arnold appeals his conviction, after a jury trial, for second degree murder. Arnold contends that the trial court erred in: 1) refusing to instruct the jury that duress could be considered in determining whether the Commonwealth had proven the elements of murder; 2) refusing to instruct the jury that heat of passion negated the element of malice when there was evidence of duress; and 3) in refusing to instruct the jury on manslaughter. For the reasons that follow, we affirm the conviction.

I. Background

During the early morning hours of September 22, 1998, a gas…