STATE v. COUSER

No. 95-1942.

567 N.W.2d 657 (1997)

STATE of Iowa, Appellee, v. Michael William COUSER, Appellant.

Supreme Court of Iowa.

July 23, 1997.


Attorney(s) appearing for the Case

Linda Del Gallo, State Appellate Defender, and Ahmet S. Gonlubol and David Arthur Adams, Assistant Appellate Defenders, for appellant.

Thomas J. Miller, Attorney General, Ann E. Brenden, Assistant Attorney General, Denver D. Dillard, County Attorney, and Harold Denton, Assistant County Attorney, for appellee.

Considered en banc.


CARTER, Justice.

Defendant, Michael William Couser, who was tried for first-degree murder and convicted of voluntary manslaughter, appeals from the judgment of conviction. He contends that the State's evidence was legally insufficient to justify the submission of voluntary manslaughter as a lesser included offense because of an absence of proof that his killing of the victim was the result of serious provocation. Because at time of trial he acquiesced in the submission...

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