Jeremiah Ethan Samuel Shull v. State

DAVIS, Justice.

[¶1] Appellant Jeremiah Shull used a knife to kill a man he found in bed with his wife, and a jury convicted him of first degree murder. We reverse and remand for a new trial due to instructional error.

ISSUES

[¶2] Shull raises four issues, all of which relate to his position at trial that the killing was not premeditated murder, but rather the lesser included offense of voluntary manslaughter. 1 We rearrange and, for the sake of clarity, slightly reword those issues as follows:

I. Did the jury instructions create reversible error as to the lesser included offense of voluntary…