People v. Kurr

Defendant, who killed her boyfriend, Antonio Pena, with a knife, appeals as of right from her conviction by a jury of voluntary manslaughter, MCL 750.321. The trial court sentenced her as a fourth-offense habitual offender, MCL 769.12, to five to twenty years’ imprisonment. Defendant argues on appeal that she should have been allowed a jury instruction regarding the defense of others because the jurors could have concluded that she killed Pena while defending her unborn children. We agree that a defense of others jury instruction was appropriate here and therefore reverse defendant’s…