2007 UT 13 This opinion is subject to revision before final
publication in the Pacific Reporter.
IN THE SUPREME COURT OF THE STATE OF UTAH ----oo0oo---- State of Utah, No. 20050724 Plaintiff and Petitioner,
v. F I L E D Bill Frank Spillers, Defendant and Respondent. January 26, 2007 --- Third District, Salt Lake
The Honorable Anthony B. Quinn
No. 991921484
Attorneys:  Mark L. Shurtleff, Atty Gen., Matthew D. Bates,   Asst. Atty Gen., Salt Lake City, for plaintiff
  Linda M. Jones, Salt Lake City, for defendant --- On Certiorari to the Utah Court of Appeals DURHAM, Chief Justice
: ¶1 This case comes before us on a writ of certiorari.  The State of Utah challenges the decision of the court of appeals to
reverse the conviction of Billy Frank Spillers (Defendant) for
first degree murder and to remand the case for a new trial.  We
affirm the court of appeals holding that Defendant was entitled
to jury instructions on both extreme emotional distress
manslaughter and imperfect legal justification  manslaughter. BACKGROUND ¶2 During the afternoon of October 25, 1999, Defendant and James Jackson were at Defendants home.  Witnesses testified that
an argument broke out between the two men, although Defendant
testified that the argument was actually between Jackson and
another man.  Witnesses testified that, as the argument
escalated, Defendant brandished a gun and ordered everyone to
leave.  Defendant admitted at trial that he told everyone to
leave, but he denied threatening anyone with a firearm.