People v. Graves

Defendant Graves was charged with first-degree murder on the basis of the fatal shooting of Frank Stephens. At the close of the prosecution’s case, defense counsel moved for a directed verdict of acquittal regarding the first-degree murder charge. The trial court denied the motion and instructed the jury that it could find defendant guilty of first-degree murder, second-degree murder, or voluntary manslaughter, or not guilty. The jury returned a verdict of voluntary manslaughter (thereby acquitting defendant of the first- and second-degree murder charges).

Defendant argued in his appeal to the…