Schmuck v. State

The Supreme Court affirmed the judgment of the district court convicting Appellant of attempted second-degree murder. The court held (1) there was no plain error or cumulative error in the district court’s instructions to the jury regarding sudden heat of passion, the definition of “malice” in the context of first-degree murder, the definition of “malice” in the context of second-degree murder, an aggressor’s right to use self-defense, and the duty to retreat before asserting the right of self-defense; and (2) the district court did not abuse its discretion by instructing the jury on the definitions of both “malice” and “maliciously.” View "Schmuck v. State" on Justia Law