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Lynch v. State

Citations

  • 571 N.E.2d 537
  • 1991 WL 85891

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that “the lesser included instruction [on involuntary manslaughter] will be warranted only if there is a serious evidentiary dispute about what [defendant] intended to do — kill or batter”
  • holding that involuntary manslaughter was a factually lesser included offense of murder where the killing was obviously accomplished with a touching, i.e., defendant \battered\ victim with a shooting
  • concluding that there was a serious evidentia-ry dispute concerning whether the defendant intended to batter or to kill his father where the defendant fired one shot at his father, which entered his arm, and called police immediately after the shooting
  • noting \Involuntary manslaughter ... contemplates an incidental killing that occurs during a battery\
  • involuntary manslaughter was lesser included offense of murder charge where killing was obviously accomplished with a touching, i.e., defendant \battered\ victim with a shooting
  • jury should have been instructed on involuntary manslaughter where fatal gunshot initially entered victim through the arm and the defendant testified that he intended only to injure the victim

Source: CourtListener parenthetical corpus (CC0).

Judges: Krahulik, Debruler, Dickson, Shepard, Givan

Read full opinion on CourtListener

Cited by

33 cases in this archive cite this case; the 20 most cited are listed.

Cites

8 cases in this archive are cited by this case.

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Sourced from CourtListener / Free Law Project (CC0).

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