[Download] "Gilmer David John Gregory v. State Alaska" by Supreme Court of Alaska # eBook PDF Kindle ePub Free
eBook details
- Title: Gilmer David John Gregory v. State Alaska
- Author : Supreme Court of Alaska
- Release Date : January 30, 1971
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
RABINOWITZ, Justice. OPINION After trial by jury Gilmer Gregory was found guilty of the crime of manslaughter and sentenced
to seven years' imprisonment with three years suspended. On appeal Gregory asserts that the trial court erred in failing to
give two requested instructions on the issue of self defense and in giving an instruction which is claimed to have been prejudicially
repetitious. Gregory further contends that the sentence he received was excessive. We affirm. Regarding the self defense issues, we think the trial court's instructions adequately presented the applicable law to the
jury. If anything, the court's instructions dealing with the issue of self defense were incorrect only in that they were overly
favorable to Gregory. This is so because the court's instructions emphasized Gregory's own subjective reactions to the circumstances
which preceded his fatal stabbing of Archabald Horn and de-emphasized the objective requirement that the circumstances under
which Gregory acted must have been such as to produce in the mind of a reasonably prudent person, similarly situated, the
reasonable belief that Horn was about to kill him or to do him great bodily harm.