Nicholas Rasberry murder acquittal appealed by Alberta Crown

Crown prosecutors are asking the Alberta Court of Appeal to overturn NicholasRasberry'sacquittal on a second-degree murder charge after he stabbed and slashedCalgary teacher Craig Kelloway37 times.

In October, a judge foundRasberryguilty of the lesser offence of manslaughter after a two-week trial.

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Kelloway, who had moved to the city from Nova Scotia six years before his death, was stabbed to deathwith three knives, which all broke during the attack.

Rasberryhas always admitted to killingKellowaybut claimed it was in self-defence afterKellowaythreatened to sexually assault him.

Rasberryandhis wife metKellowayand his girlfriendin their backyardand began drinking and barbecuing together on May 4, 2013.The festivities later took them fromthe Kelloways'home to theRasberrys.'

Judge Robert Hall rejected the self-defence theory, which would have led to a full acquittal, but found Rasberry had been provoked into the attack.

Sentencing for a manslaughter conviction ranges greatlyfrom a suspended sentence orno jail timeto a life sentence.

In its notice of appeal, the Crown argues thatthetrial judge erred in considering and allowing the defence of provocation and failedto explain the basis for acquittal thereby frustrating meaningful appellate review.

Rasberryis tobe sentenced for manslaughter on Dec. 2.