People v. Johnson

Defendant was charged with first-degree murder, and jury convicted him of second-degree murder. Court did not abuse its discretion in sua sponte instructing jury on second degree murder, as instruction was supported by the evidence, and it did not usurp Defendant's right to plead not guilty. Court properly denied admission of inculpatory statements made by another person, as statements did not contain sufficient indicia of trustworthiness, and at trial that person denied stabbing the victim or making statements that he did; and he was available for cross-examination. (HALL and GORDON, concurring.)