State v. Maselli

In State v. Maselli, 182 Conn. 66, 68, 73, 437 A.2d 836 (1980), cert. denied, 449 U.S. 1083, 101 S. Ct. 868, 66 L. Ed. 2d 807 (1981), the state adduced evidence showing that that defendant shot at a victim six to eight times, killing the victim. The state charged the defendant with murder. The jury returned a verdict of guilty on the lesser included offenses of manslaughter in the first degree pursuant to 53a-55 (a) (1) or 53a-55 (a) (3) without specifying on which subsection it relied. In reviewing the defendant's claim that the trial court improperly instructed the jury on the applicable lesser included offenses, the Supreme Court stated in dicta that "the jury might well have concluded that for the defendant to have believed under the circumstances revealed by the evidence that the victim was about to use deadly force upon him so that it was necessary to fire eight shots at point blank range was such a gross deviation from the standard of conduct that a reasonable person would observe in the situation as to constitute recklessness." Id. at 73.