People v. Garcia

Opinion by

Judge CASEBOLT.

Defendant, Manuela S. Garcia, appeals the judgment of conviction entered on jury verdicts finding her guilty of second degree murder and crime of violence. We reverse and remand for a new trial.

On July 25, 1996, defendant killed her husband with an axe. Defendant testified that this occurred after he attempted to sexually assault her. She also testified that he had verbally, physically, and sexually assaulted her frequently during their marriage.

I

Defendant contends the trial court's instructions to the jury incorrectly characterized second degree murder in response to…