Criminal Law Keyed to LaFave
State v. Sexton
Facts
A friend of Appellant and Victim overheard what she described as a typical argument. The friend saw that Appellant had a gun, but did not see him shoot Victim. She heard the gun go off and Victim was killed. Appellant was found guilty of reckless manslaughter and unlawful possession of a handgun without a permit. The Appellate Court reversed the conviction and found the jury instruction regarding the charge of first- degree murder unwarranted. The Appellate Court also found that the prosecution had the burden of proving beyond a reasonable doubt Appellant’s mistake of fact defense. Appellant argued a mistake of fact defense based on his belief that the gun was Victim’s and that he had no idea that it was loaded.
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