State v. Porter

SCHROEDER, Chief Justice.

This Court granted Porter’s Petition for Review of the Idaho Court of Appeals’ decision, which held that the intent to kill one’s victim is not a necessary element of second degree murder or voluntary manslaughter and remanded with instructions to reinstate the second degree murder charge against Porter. Porter argues intent to kill is required for a charge of second degree murder and voluntary manslaughter and that the charge against Porter should be reduced from second degree murder to involuntary manslaughter.

I

FACTUAL AND PROCEDURAL BACKGROUND

Michael S. Porter met…