State v. Benavidez

OPINION

SOSA, Chief Justice.

Defendant was convicted of the first-degree murder of Micháel Salazar. He was sentenced to life imprisonment. The issue we decide on appeal is whether the trial court erred in refusing to instruct on voluntary manslaughter. We hold that it did, and reverse.

The facts pertinent to this appeal follow. The defendant and his son (Benavidez, Jr.) lived together and were both acquainted with the victim (Salazar). On the afternoon of September 6, 1978, Salazar phoned Benavidez, Jr. and made threats to kill both him and defendant. Defendant may have known of the threats.…