STATE v. PORTER

No. 31651.

128 P.3d 908 (2005)

142 Idaho 371

STATE of Idaho, Plaintiff-Appellant-Cross Respondent, v. Michael S. PORTER, Defendant-Respondent-Cross Appellant.

Supreme Court of Idaho, Coeur d'Alene, October 2005.

Rehearing Denied February 3, 2006.


Attorney(s) appearing for the Case

Attorney General, Lawrence G. Wasden, Boise, for appellant. Kenneth K. Jorgensen argued.

Kootenai County Public Defender, John M. Adams, Coeur d'Alene, for respondent.


SCHROEDER, Chief Justice.

This Court granted Porter's Petition for Review of the Idaho Court of Appeals' decision, which held that the intent to kill one's victim is not a necessary element of second degree murder or voluntary manslaughter and remanded with instructions to reinstate the second degree murder charge against Porter. Porter argues intent to kill is required for a charge of second degree murder and voluntary manslaughter and that the charge against Porter...

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