State of Arizona, Appellee v. Gary Wayne Gipson, Jr., Appellant

Summary

The court held that a trial judge may instruct on a lesser included offense supported by the evidence even when both the defendant and the prosecution object, although judges should exercise restraint in doing so. Because the manslaughter instruction was supported by the evidence, giving it did not violate the defendant’s constitutional rights or Arizona law, and the manslaughter conviction was affirmed.