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Criminal Law keyed to Dripps
State v. Sety
Facts
On March 19, 1976, Donald Cue initiated a confrontation with David Sety (Defendant) at an isolated campground where Defendant was sleeping. After telling Cue that he was making a citizen’s arrest, Defendant ordered Cue to walk toward the area dam keeper’s house. On route to the dam keeper, Cue attempted to escape and Defendant shot at him. The initial shots did not kill Cue. Defendant testified that when Cue attempted another escape he shot at him again. Defendant further testified that when he went to check on Cue after shooting him, Cue reached up to grab his pistol, and the pistol discharged. Cue died from wounds related to this final shot. Defendant was convicted of second-degree murder. The trial court then reduced the charge to voluntary manslaughter and sentenced Defendant to a prison term of not less than nine nor more than ten years. Defendant appealed the judgment and sentence, and the prosecution appealed the trial court’s reduction of the conviction from second-degree murder to voluntary manslaughter.
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