(DOWNLOAD) "State v. Schaffer" by Washington Supreme Court ~ eBook PDF Kindle ePub Free
eBook details
- Title: State v. Schaffer
- Author : Washington Supreme Court
- Release Date : January 11, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
Sean Schaffer was convicted of second degree murder and two counts of second degree assault. On appeal, he argued, among other things, that the trial court should have instructed the jury on manslaughter as a lesser included offense to the murder charge. The Court of Appeals rejected that contention based on State v. Lucky, 128 Wn.2d 727, 912 P.2d 483 (1996). This court subsequently overruled Lucky and held that manslaughter is a lesser included offense to intentional murder. State v. Berlin, 133 Wn.2d 541, 947 P.2d 700 (1997) and State v. Warden, 133 Wn.2d 559, 947 P.2d 708 (1997). Schaffer contends that these cases require reversal of his murder conviction. The State on the other hand contends that reversal is unwarranted because there is insufficient evidence to support a manslaughter instruction in any event.
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