United States v. Serawop

EBEL, Circuit Judge.

This appeal requires us to decide what mental state is required to convict a defendant of voluntary manslaughter under 18 U.S.C. § 1112 and to determine how district courts must instruct juries regarding that mental element. We hold that, in order to convict a defendant of voluntary manslaughter under 18 U.S.C. § 1112, the Government must prove beyond a reasonable doubt that the defendant acted in the heat of passion with either (1) a general intent to kill, meaning that the defendant was aware that the result was practically certain to follow from his conduct regardless…