STATE v. SHAW

No. 96-546.

721 A.2d 486 (1998)

STATE of Vermont v. Patrick Thomas SHAW.

Supreme Court of Vermont.

Motion for Reargument Denied October 15, 1998.


Attorney(s) appearing for the Case

William H. Sorrell, Attorney General, David Tartter, Assistant Attorney General, Montpelier, and John Quinn, Addison County State's Attorney, Middlebury, for Plaintiff-Appellee.

Robert Appel, Defender General, William A. Nelson and Anna Saxman, Appellate Attorneys, and Karen Misbach and Robert Hubbard, Law Clerks (on the brief), Montpelier, for Defendant-Appellant.

Present AMESTOY, C.J., and DOOLEY, MORSE, JOHNSON and SKOGLUND, JJ.


AMESTOY, C.J.

Defendant appeals his conviction for second-degree murder, claiming error in the district court's failure to instruct the jury on the doctrine of imperfect self-defense. Defendant contends that the court's jury instruction on complete self-defense and "heat of passion" manslaughter did not place his defense theory squarely before the jury. We hold that the doctrine of imperfect self-defense is not recognized in Vermont and thus affirm.

Defendant...

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