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Washington v. Bergeson2/20/1992
ht most favorable to Bergeson, it supports inferences that he subjectively believed that he was in imminent danger of great personal injury and that he intended to kill in response. As he argues, it also supports an inference that he used more force than objectively reasonable, given the circumstances as they then appeared to him. Due to Washington's rejection of imperfect self-defense, however, these inferences are insufficient to
support manslaughter instructions. Instead, the inference needed to support a manslaughter instruction is that without intent to kill, but with recklessness, Bergeson caused the death of Whitten. That inference is not reasonably available from the evidence in this case, and the trial court was correct when it declined to instruct on manslaughter.
Affirmed.
Disposition
Holding that the defendant was not entitled to an instruction on the lesser included offense of manslaughter, the court affirms the judgment.
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