P. v. Morgan CA4/2
Defendant Arsenio Devo Morgan, a member of a Black gang, went to a party attended by members of a rival Hispanic gang. When he arrived, he shot and killed two Hispanic men, then ran away. According to the prosecution, defendant knew that rival gang members would be at the party, and he went there, armed, with the intent to kill. According to defendant, however, he did not know that rival gang members would be there. He was always armed, for self-protection; he fired only when rival gang members confronted him and appeared to be about to attack him.
A jury found defendant guilty on two counts of first degree murder; he was sentenced to multiple life terms. Defendant contends that the trial court, after instructing that provocation can reduce first degree murder to second degree murder, erred by failing to define provocation.
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