Voluntary manslaughter requires proof of intent to kill, seriously injure, or depraved recklessness
STATUTORY CONSTRUCTION United States v. Serawop, No. 04-4082, ___ F.3d ___(10th Cir. Jun. 6, 2005)(Utah). Appeal of conviction for voluntary manslaughter. HELD: Conviction for voluntary manslaughter under 18 U.S.C. ยง 1112 requires proof beyond reasonable doubt that defendant acted in heat of passion with either (1) general intent to kill; (2) intent to do serious bodily injury; or (3) depraved heart recklessness. Instructing jury that voluntary manslaughter requires only unlawful killing in heat of passion does not convey requisite mental state. Read the opinion here. |
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