PEOPLE v. EVANS

No. 96CA1602.

987 P.2d 845 (1998)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Marvin EVANS, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

Rehearing Denied December 24, 1999.

Certiorari Denied November 15, 1999.


Attorney(s) appearing for the Case

Gale A. Norton, Attorney General, Martha Phillips Allbright, Chief Deputy Attorney General, Richard A. Westfall, Solicitor General, Jerry N. Jones, Special Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee

David F. Vela, Colorado State Public Defender, Karen N. Taylor, Deputy State Public Defender, Denver, Colorado, for Defendant-Appellant


Opinion by Judge VOGT.

Defendant, Marvin Evans, appeals the judgment of conviction entered on a jury verdict finding him guilty of second degree murder. We affirm.

Defendant strangled the victim, his girlfriend, with a necktie while the two were fighting. At trial, defendant admitted strangling her, but claimed that he had done so in response to provocation by her.

The jury was instructed on first degree murder...

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