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Question, as is everything pretty much the defendant has said. so the state believes the motion should be denied. i will close by saying that even if the court felt compelled to grant at this stage a motion as to second degree murder, there remains the necessarily lesser included offense of manslaughter as to which there is no requirement of showing ill will or anything like that and therefore the state believes that even if, and we're not saying you should because i think i've made the point, but even if at a minimum, we'd proceed forward on that, your honor. >> i just want to make sure my re...

Only hypothesis of innocence advanced or suggested is that the defendant acted with justifiable use of deadly force. that is certainly open to question as is everything pretty much that the defendant himself has said. so the state believes the motion should be denied. i will close by saying that even if the court felt compelled to grant at this stage a motion as to second-degree murder there remains the necessarily lesser and included offense of manslaughter which is not showing ill will or anything like that and therefore the state believes even if -- and we're not saying you should because i...