State v. Shumway

In State v. Shumway, 2002 UT 124, P 9, 63 P.3d 94, the Court held that the defendant, a minor, was entitled to an extreme emotional distress manslaughter instruction when he stabbed his friend during a sleepover. Id. The victim, upset with the defendant for beating him at video games, retrieved a knife and began lunging at the defendant. Id. The defendant gained control over the knife and repeatedly stabbed the victim. Id. At trial, witnesses testified that the victim had a tendency towards aggression. Id. This evidence, when viewed in the light most favorable to the defense, offered a sufficient rational basis for a jury to conclude that the defendant was experiencing extreme emotional distress and to convict on the lesser included offense. Id.