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.