P. v. Cook CA3
A jury found defendant Bryan Scott Cook guilty of second degree murder for fatally stabbing the victim. At trial, defendant maintained that he had been caring for the victim—his friend of several decades, who was in poor health—when the victim twice stabbed himself, which led to defendant, “[w]ithout thinking,” stabbing the victim four more times. On appeal, defendant contends the trial court erred in refusing to instruct the jury on voluntary manslaughter as a lesser included offense of murder. He argues substantial evidence obligated the instruction. We agree and will reverse.
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