People v. Billups 

Defendant was convicted of first-degree murder. Defendant testified that he shot and killed the victim during a robbery attempt by the victim, after he won the struggle over the victim's gun. The State presented evidence that the Defendant shot and killed the victim with a gun the Defendant had concealed on his person. Because the two versions of the incident were diametrically opposed as to the origin of the gun, the Defendant's version was a claim of "perfect self-defense"; the jury would have believed either the Defendant's version or the State's version, and the Defendant's subjective belief was not in issue. Thus, court properly refused to give second-degree murder instruction to jury. No basis to support Defendant's claim that the jury should have been instructed on second-degree murder based on his subjective belief as to the third of three gunshots to the victim, which the Medical Examiner described as immediately incapacitating and was made while the barrel of the gun was touching the victim's skull. (HALL and PATTI, concurring.)