Williams v. State

OPINION

Appellant was convicted of second degree murder for the death of Glenn Suit. The sole issue on appeal is whether the district court erred by refusing to give a requested instruction on voluntary manslaughter, on the ground that no evidence had been presented which, if believed by the jury, would support a manslaughter verdict. We conclude that there was evidence of voluntary manslaughter, that it was error to refuse the instruction, and that the error requires reversal of the judgment.

A defendant in a criminal case is entitled, upon request, to a jury instruction on his or her theory…