State v. Leos

Defendant was convicted of manslaughter. On appeal he contends that the trial court erred in (1) convicting the defendant by a 10-2 jury verdict; (2) instructing the jury as to disputable presumptions that they were required to find the presumed facts unless they were outweighed or equaled by other evidence; and (3) instructing the jury on excusable homicide without clearly distinguishing between self-defense and excusable homicide.

On May 23, 1970, defendant and his wife were in Caldwell, Idaho, for the purpose of finding a place to rent. On May 24, as the result of an argument between them,…