State v. Scribner

In State v. Scribner, 170 Vt. 537, 746 A.2d 145 (1999) (mem.), the defendant requested an instruction of attempted voluntary manslaughter as a lesser-included offense of attempted first degree murder. There, the victim asked the defendant why he was harassing some girls playing in a yard. In response, the defendant shot the victim. The defendant was convicted of the lesser-included offense of attempted second degree murder. The Court found that the defendant was not entitled to an instruction on attempted voluntary manslaughter because "voluntary manslaughter requires adequate provocation, considered objectively, for the loss of self-control. The victim's conduct cannot be characterized as adequate provocation for defendant to shoot at him." Id. at 540, 746 A.2d at 148.