Mularkey v. State

Defendant contends that the court erred in admitting certain testimony; in refusing to dismiss the pros-ecutiqnfmid discharge the defendant; in ref using, ffo give *430certain requested instructions to the jury; and in giving certain instructions. Upon reviewing the record we find no error in any respect.

Although there was a conflict in the evidence, it fairly and reasonably permitted the jury to consider the following facts established: At the time and place charged, the defendant, during an altercation, turned to his automobile and took a 32-Colt automatic revolver from a holster which was on a…