Nature of the Case
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Facts
Ds do not dispute the fact that they killed their wives of that the killings were not legally justified. They contend that a jury instruction of manslaughter should have been given. In each case, D suspected his wife of marital infidelity, and just prior to each killing there was an argument during which the wife admitted committing adultery and either disparaged the defendant's sexual abilities or flaunted the fact that she slept with her lover in the marital bed. Both victims were shot. In Flores (D), the trial court refused to give a voluntary manslaughter instruction. In Chevalier (D1), the trial court instructed on voluntary manslaughter, but D claims the instruction was wrong. In each case, the appeals court reversed based on the Ahlberg and Ambro cases. P appealed.
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