Johnston

Jared Daniel Johnston, the defendant in this case, was convicted of second degree murder. The homicide arose out of a confrontation between defendant and his ex- girlfriend, at her residence. He had gone there to speak to her, armed with a knife. He arrived early in the morning. Once there he pounded on the door, walls, and windows, demanding that the ex-girlfriend come out. Her mother emerged and asked defendant to leave. Enraged, he shouted threats and obscenities, threatened to kill the entire family, and refused to leave. He repeatedly challenged the ex-girlfriend’s brothers to come out and fight. Eventually a brother came out, unarmed, and a physical fight ensued. During the fight Johnston pulled out a knife and repeatedly stabbed the brother, inflicting a mortal wound.

He was charged with murder. The jury was instructed on first degree murder and almost the entire range of lesser included crimes, including second degree murder and voluntary manslaughter, as well as self-defense. It convicted defendant of second degree murder, rejecting theories supporting a lesser crime. On his motion for new trial, the court found no malice in defendant’s conduct, and reduced the…