Cassels v. People

The majority reverses the defendant's conviction of second degree murder both because the jury was not given a chanee to decide whether he was provoked beyond reason by the victim, and because the jury was not instructed that he was permitted to shoot the victim rather than retreat. Even the defendant conceded that after being confronted by the unarmed and extremely drunken victim, in whose apartment he was temporarily staying and who at worst reviled, threatened, and shoved him, he retrieved his loaded, Oram automatic handgun from the bedroom and shot the victim nine times. Because I do not…