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STATE v. LUA

No. CR-14-0283-PR.

350 P.3d 805 (2015)

STATE of Arizona, Appellee, v. Christepher E. LUA, Appellant.

Supreme Court of Arizona.

June 19, 2015.

Attorney(s) appearing for the Case

Mark Brnovich, Arizona Attorney General, John R. Lopez IV, Solicitor General, Joseph T. Maziarz, Chief Counsel, Criminal Appeals Section, Linley Wilson (argued), Assistant Attorney General, Phoenix, Attorneys for State of Arizona.

Barbara Cook-Hamp, Legal Advocate, Jill L. Evans (argued), Deputy Legal Advocate, Kingman, Attorneys for Christepher E. Lua.

Vice Chief Justice PELANDER authored the opinion of the Court, in which Chief Justice BALES, Justices BERCH, BRUTINEL, and TIMMER joined.

¶ 1 We address in this case whether, in a prosecution for second-degree murder, the trial court may instruct the jury on manslaughter over a defendant's objection if the evidence supports a finding that the killing occurred "upon a sudden quarrel or heat of passion resulting from adequate provocation...

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