People v. McDonald

Defendant was convicted of 1st degree murder of boyfriend during physical altercation in their apartments. Court properly refused to instruct jury on involuntary manslaughter and 2nd degree murder due to serious provocation. Defendant was armed with a knife during argument, but victim was unarmed. No evidence that victim attempted to take knife from Defendant, and Defendant had no defensive wounds. There was insufficient evidence of serious provocation to warrant requested jury instruction.(KARMEIER, THOMAS, and THEIS, concurring; BURKE, FREEMAN, and KILBRIDE, dissenting.)