Criminal Law Keyed to Kadish
People v. Newton
CaseCast™ – "What you need to know"
D was convicted of manslaughter for the murder of a police officer who was shot in a struggle with D. D testified that he was unconscious during the interval and at the trial evidence of involuntary unconsciousness resulting from a gunshot wound to D’s abdomen was produced. Despite this testimony and the instruction requested by D, the trial judge failed to instruct the jury on the subject of unconsciousness as a defense to a charge of criminal homicide. D asserts prejudicial error based on the judge’s refusal of the D’s requested instruction on the subject of unconsciousness.
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