Marc Burrell (defendant) was convicted of manslaughter after a jury trial in the Superior Court. Burrell appealed, arguing that the trial court committed an error in its jury instruction concerning the requirement under a New Hampshire statute that provides that conduct creating criminal liability must include a voluntary act. The New Hampshire Supreme Court affirmed the Superior Court.

Facts

Douglas Saari and Joey Baglione made plans to have a few drinks at Baglione’s house. Before going there, Saari, a minor, stopped at Burrell’s house and asked Burrell to purchase beer. Burrell agreed and decided to accompany Saari to Baglione’s. When they arrived, Baglione answered the door holding a .357 revolver. Inside the house were an AR-15 rifle, possibly a shotgun, a .44 revolver, and a .38 snub-nose revolver. The .357 and .44 revolvers were loaded.....

1. State the facts relevant to deciding whether Marc Burrell “voluntarily” shot Joey Baglione.

2. State the court’s definition of “voluntary act.”

3. Summarize the court’s reasons for holding that the trial judge wasn’t required to give the jury instruction that Burrell asked for.

4. In your opinion, which is the better rule for determining whether an act is voluntary: (a) the last act has to be voluntary or (b) that conduct has to include a voluntary act? Defend your answer.