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Def convicted of murder, requested lessers - manslaughter, crim neg homicide, and ddly conduct. All refused but trial court gave instruction regarding a voluntary act - and if from the evid def did not act voluntarily, must acquit. Def testified - indication that he did not believe gun loaded because he unlaoded it and put it away(even tho clip in gun and he could not be sure it was unloaded). Claims victim grabbed gun and it went off. Is the voluntary act instruction sufficient - much like when given a lesser included of manslaughter but found guilty of a greater offense negates the necessity of an instr on crim negl homicide? | ||
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