STATE v. THOMAS

No. 3221.

112 Ariz. 261 (1975)

540 P.2d 1242

STATE of Arizona, Appellee, v. Ernest Ambrose THOMAS, Appellant.

Supreme Court of Arizona, En Banc.

October 8, 1975.


Attorney(s) appearing for the Case

Bruce E. Babbitt, Atty. Gen., by William J. Schafer, III, and Teresa S. Thayer, Asst. Attys. Gen., Phoenix, for appellee.

Ross P. Lee, Maricopa County Public Defender, by H. Allen Gerhardt, Jr., Deputy Public Defender, Phoenix, for appellant.


HAYS, Justice.

A jury found Ernest Ambrose Thomas guilty of second degree murder. He now appeals and this court has jurisdiction pursuant to Rule 47(e)(5), Rules of the Supreme Court.

Thomas contends that the trial court committed fundamental error by failing to instruct the jury of the elements of voluntary manslaughter. As his defense, he had argued self-defense and lack of intent to commit murder.

Usually the failure of the trial court to give a...

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