Nature of the Case
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Facts
D's husband (H) had consumed considerable amounts of alcohol and used drugs excessively. H had been driving recklessly with D and two others in the car. H had struck D and threatened to kill her. When the card reached D's home, the two passengers got out and went into the house. Shots were heard shortly afterward. D called the sheriff and reported she had shot her husband. D claimed she shot in self-defense. D was charged with the death of another in the commission of a felony, assault in the second degree. D filed a written waiver of jury trial. D was found guilty of murder in the second degree.
Holding and Decision
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Legal Analysis
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