United States v. Jessica M. Lofton

SEYMOUR, Circuit Judge.

Jessica Mae Lofton was found guilty of murder in the second degree, a lesser included offense of first degree murder, in violation of 18 U.S.C.A. § 1111 (1984 & 1985 Supp.). On appeal, she contends (1) that the evidence was insufficient to sustain the conviction, and (2) that the trial court failed adequately to instruct the jury of her heat of passion defense and its effect on the government’s burden of proof, and that this failure constitutes plain error. We agree with these second contentions and therefore reverse.

I

On the morning of June 5, 1984, at the Fort Riley…