Furthermore, the district court stated that there was insufficient evidence to justify giving the instructions. For the reasons stated herein, we affirm the district court's ruling. A defendant is entitled to an instruction on his theory of the case if the instruction is a correct statement of the law and the theory is supported by sufficient evidence for the jury to find in his favor. We review de novo the instructions as a whole. We review the district court's refusal to give a particular jury instruction requested by the defendant for an abuse of discretion.
Murder is the unlawful killing of a human being with malice aforethought.
Any other murder is second-degree murder. B. Instructions given by the court Mr. Swallow first argues that the instructions as a whole incorrectly stated the applicable law. The district court did not give the jury any instructions specifically on the issue of proximate cause or the defense of intervening cause. XIII, at 14. The record indicates that there was undisputed expert testimony that the decedents died from blood loss that resulted from the gunshot wounds.