State v. Hall

559 A.2d 1141, 211 Conn. 807, 1989 Conn. LEXIS 169

Opinion

The State of Connecticut’s petition for certification for appeal from the Appellate Court, 17 Conn. App. 502, is granted, limited to the following issues:

“1. Did the Appellate Court err in concluding that the trial court should not have instructed the jury that self-defense was not available as a defense to the lesser included offense of manslaughter in the second degree?

“2. Did the Appellate Court err in concluding that the determination of the jury that self-defense had been disproved beyond a reasonable doubt, implicit in its verdict that the defendant was guilty of manslaughter in the first degree, did not render harmless the failure to charge upon the availability of self-defense for manslaughter in the second degree?

“3. Where the defendant admitted shooting the victim at close range six times, claiming self-defense, did the Appellate Court err in holding that the defendant was entitled to an instruction on criminally negligent homicide as a lesser included offense?”