holding defendant who was charged with first-degree murder and who presented evidence of mental disease or defect was entitled to instruction on manslaughter
How later courts described this case
- holding defendant who was charged with first-degree murder and who presented evidence of mental disease or defect was entitled to instruction on manslaughter
- adopting part of the model penal code means that the legislature adopted the interpretation placed thereon in the commentary by the drafters
- recognizing the statutory defense of partial responsibility or diminished capacity
- jury reasonably inferred premeditation when the defendant strangled the victim with his bare hands and then subsequently applied a towel for two or three minutes longer to make sure he was dead
Written by the judges who cited it.
The opinion
HENLEY, Judge
(dissenting).
I respectfully dissent because I cannot agree that there was any substantial evidence to support the giving of a manslaughter instruction.
The principal opinion holds that a manslaughter instruction should have been given because there was evidence from two doctors that defendant was unable to premeditate because of “severe depression” and in their opinion “there was no premeditation in what appellant did.” I agree with the statement in the principal opinion that manslaughter consists of an intentional killing without premeditation or malice, but that broad statement presupposes a substantial reason producing the absence of premeditation. It has been said that voluntary manslaughter is the intentional killing of a human being in a heat of passion on a reasonable provocation, because these mitigating factors (heat of passion reasonably provoked) eliminate the element of premeditation and reduce the offense from murder to manslaughter. But the court has never recognized, so far as I can determine, that mere depression is capable of producing the same effect as “anger, fear or agitation suddenly provoked by the unexpected acts or conduct of the victim.” See MAI-CR 1 6.06 and 6.08. I doubt that the court should recognize mental depression as a factor having the potency to eliminate the ability to premeditate in the absence of more definitive and persuasive evidence. Until it is produced and so recognized I can not agree that there is such substantial evidence in this case as would require the giving of a manslaughter instruction.
. Missouri Approval Instructions- — Criminal.