Sitting Crow, the court breaks down their definitions of manslaughter in the first degree and second-degree manslaughter. Since Sitting Crow was ultimately charged with second-degree manslaughter, I will focus on that. The court defines second-degree manslaughter as “Any reckless killing of one human being by the act or procurement of another which, under the provisions of this chapter, is neither murder nor manslaughter in the first-degree, nor excusable nor justifiable homicide.” The second question asks if there was sufficient evidence for Sitting Crow to be found guilty of second-degree manslaughter. I do believe that the court had enough evidence to charge Sitting Crow with second-degree manslaughter. The case explains that Sitting Crow did not use a weapon to perform the killing. The other man in this case, Jaques, did however use a weapon in the form of a club-like stick. Second, it can be derived that Sitting Crow had no intention of killing Gray. If I were in Sitting Crow’s position and got randomly struck by a man in my own home, I would have a similar initial reaction to Sitting Crow. Sitting Crow was likely in this “heat of passion” state where he used his fight or flight instincts to handle his
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