PEOPLE V. CHEVALIER
544 N.E.2d 942 (1989)
NATURE OF THE CASE: This was a consolidated appeal from convictions of D killing their wives. The People (P) appealed the reversal of the judgments of the circuit court, which found Chevalier (D) and Flores (D) guilty of murder. P claimed that provocation by Ds' victims was not legally adequate to reduce the convictions from murder to voluntary manslaughter.
FACTS: Ds do not dispute the fact that they killed their wives of that the killings were not legally justified. They contend that a jury instruction of manslaughter should have been given. In each case, D suspected his wife of marital infidelity and just prior to each killing there was an argument during which the wife admitted committing adultery and either disparaged the defendant's sexual abilities or flaunted the fact that she slept with her lover in the marital bed. Both victims were shot. In Flores (D), the trial court refused to give a voluntary manslaughter instruction. In Chevalier (D1), the trial court instructed on voluntary manslaughter but D claims the instruction was wrong. In each case the appeals court reversed based on the Ahlberg and Ambro cases. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND
DECISION:
LEGAL ANALYSIS:
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