(DOWNLOAD) "State V. Berlin" by Washington Supreme Court # eBook PDF Kindle ePub Free
eBook details
- Title: State V. Berlin
- Author : Washington Supreme Court
- Release Date : January 20, 1997
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
Once again, we are asked to interpret RCW 10.61.006, which requires us to revisit our decision in State v. Lucky, 128 Wn.2d 727, 912 P.2d 483 (1996). This case, along with its companion case, State v. Warden, No. 63945-1, presents the issue of whether jury instructions may be given for manslaughter when a defendant is charged with both felony murder and intentional or premeditated murder. We hold manslaughter is a lesser included offense of intentional or premeditated murder in this case. The State is not required to elect between the alternative means of committing second degree murder. However, the jury must be instructed that manslaughter is a lesser included offense of intentional murder only.
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