People v. McDonald

This case presents question in instant prosecution (that resulted in guilty finding on first degree murder charge) as to whether trial court properly refused defendant’s request to instruct jury on provocation theory of second degree murder or involuntary manslaughter offenses. Appellate Court, in affirming trial court, found that defendant’s stabbing of unarmed victim precluded jury from finding existence of “mutual combat” that is required for purposes of instructing jury on any second degree murder offense. Ct. further found that defendant's intentional act of stabbing victim also precluded trial court from giving jury involuntary manslaughter instruction, since such instruction would be appropriate only if record showed that defendant was reckless, and since defendant’s intentional act rendered his conduct more than “reckless.”