No. 1 CA-CR 3883.

125 Ariz. 140 (1980)

608 P.2d 77

STATE of Arizona, Appellee, v. Rodrick EVANS, Appellant.

Court of Appeals of Arizona, Division 1, Department B.

Rehearing Denied March 4, 1980.

Review Denied March 18, 1980.

Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by William J. Schafer, III, Chief Counsel, Crim. Div., and Dennis C. Freeman, Asst. Atty. Gen., Phoenix, for appellee.

Ross P. Lee, Maricopa County Public Defender by Paul J. Prato, Deputy Public Defender, Phoenix, for appellant.


OGG, Chief Judge.

Appellant Rodrick Evans was convicted of voluntary manslaughter with a gun in violation of A.R.S. § 13-457(B) after he fatally shot the victim, Anthony Lane, during a fight outside a "social club" in Phoenix. He was sentenced to a term of not less than 5 nor more than 10 years imprisonment.

Appellant argues that the trial court should have instructed the jury, sua sponte, that the appellant did not carry the burden of...

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