State v. Avery
Supreme Court of Missouri
120 S.W.3d 196 (2003)
Jamie Avery (defendant), while arguing with Bruce Paris (with whom she was having an affair) at the home she shared with her boyfriend Hamilton, brandished a handgun to make Paris leave, but testified he returned, threatened to beat her, tried to grab the gun, and the weapon accidentally discharged and killed him; Avery presented evidence Paris had assaulted her earlier that evening and had a history of intoxicated, threatening, and harassing behavior toward her and Hamilton. Convicted of second-degree murder after the trial court refused to instruct the jury on the lesser charge of voluntary manslaughter, Avery appealed.
Whether, in a murder case, the jury must also be given instructions on the lesser charge of voluntary manslaughter if there is sufficient evidence to raise the question of whether the crime occurred under the influence of sudden passion with adequate cause.