State v. Sorrentino

Summary

The court held that the defendant lawfully occupied the bedroom as his temporary home and had no duty to retreat, but that deadly force was justified only if he reasonably believed it necessary to prevent death or great bodily harm. Because the evidence did not establish malice and instead supported no more than voluntary manslaughter, the murder conviction was excessive. The court found no prejudicial instructional or evidentiary error and held that the prosecutor's improper question was harmless in light of the record. The State was given the option of seeking a new trial; otherwise, the judgment would be modified to manslaughter and the defendant resentenced.