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ROACH v. STATE

No. 114, Sept. Term, 1999.

749 A.2d 787 (2000)

358 Md. 418

Andre Ricardo ROACH v. STATE of Maryland.

Court of Appeals of Maryland.

April 13, 2000.

Attorney(s) appearing for the Case

Geraldine K. Sweeny, Assistant Public Defender (Stephen E. Harris, Public Defender, on brief), Baltimore, for petitioner.

Celia Anderson Davis, Assistant Attorney General (J. Joseph Curran, Jr., Attorney General of Maryland, on brief), Baltimore, for respondent.

Argued before BELL, C.J., and ELDRIDGE, RODOWSKY, RAKER, WILNER, CATHELL and HARRELL, JJ.

RAKER, Judge.

Petitioner, Andre Ricardo Roach, was convicted by a jury of first degree murder and the use of a handgun in the commission of a crime of violence. The issue we must decide in this case is whether Petitioner was entitled to a voluntary manslaughter instruction based upon a theory of imperfect self-defense. We shall hold that he was so entitled.

I.

Donald Wayne Bunn was shot and killed on February...

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