People v. Watkin

586 P.2d 43 (Colo. 1978)

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Nature of the Case

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Facts

Watkins (D) and his brother, Eddie, were playing dice with McDonald and Buckner after a minor altercation earlier in the evening. During the game, Watkins (D) shot and killed McDonald, and was charged with second-degree murder. At trial, D testified that while Eddie bent down to roll the dice, Buckner pulled a knife and McDonald instructed him to stab Eddie. D said that McDonald advanced toward him with a gun and that D shot in self-defense. The trial judge instructed the jury on first and second-degree murder and on self-defense. The judge refused instructions on negligent homicide; there was no evidence to show that McDonald's death was negligently, rather than intentionally, caused. D was convicted of second-degree murder, and he appealed. D contended that it was reversible error to refuse to instruct on negligent homicide when there was evidence to show that D acted unreasonably in believing he shot in self-defense.