State v. Sprake

CLARK, Presiding Judge.

David L. Sprake was jury tried and convicted of murder in the second degree on a felony information filed February 5, 1980.1 He was sentenced to a term of 35 years imprisonment and he now appeals contincF ing: (1) Jury instruction on the defense of *726justifiable use of force was incomplete; (2) Prejudicial testimony as to the victim’s family was improperly admitted, and (3) Jury instruction on absence of motive was erroneously denied. Affirmed.

The evidence presented no dispute as to the cause of death of the victim, Danny Hargrave, who was fatally shot at close range by…