State v. Gonzales

HAYS, Justice.

Defendant Martin Gonzales was charged with first degree murder arising out of a 1968 shooting death of one Luis Martinez in Eloy. A jury trial was held in the Pinal County Superior Court at which defendant was found guilty of manslaughter, a lesser included offense, and sentenced by the trial judge to a prison term of not less than five nor more than six years.

After all the evidence had been presented, the trial court instructed the jury concerning the elements of first and second degree murder, voluntary and involuntary manslaughter, excusable homicide and self defense. The…