Court of Appeals of Arizona
590 P.2d 470 (1979)
On March 19, 1976, Donald Cue initiated a confrontation with David Sety (defendant) at an isolated campground where Sety was sleeping. After telling Cue that he was making a citizen’s arrest, Sety ordered Cue to walk toward the area dam keeper’s house. On route to the dam keeper, Cue attempted to escape and Sety shot at him. The initial shots did not kill Cue. Sety testified that when Cue attempted another escape he shot at him again. Sety further testified that when he went to check on Cue after shooting him, Cue reached up to grab his pistol, and the pistol discharged. Cue died from wounds related to this final shot. Sety was convicted of second-degree murder. The trial court then reduced the charge to voluntary manslaughter and sentenced Sety to a prison term of not less than nine nor more than ten years. Sety appealed the judgment and sentence, and the prosecution appealed the trial court’s reduction of the conviction from second-degree murder to voluntary manslaughter.
Rule of Law
Holding and Reasoning (Schroeder, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 204,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.