State v. Kirkham

HENRIOD, Justice.

Appeal from a murder conviction. Affirmed. Italics are ours.

The facts are not in dispute. While burglarizing a grocery store and having taken money therefrom, defendant required David Avon Frame and Ruth Holmes Webster to lie down on the floor, when he shot each in the back of the.head, killing both.

Defendant urges error in 1) the giving of an instruction relating to insanity and 2) in failing to instruct that the state had a mental institution for those suffering from mental illness.

As to 1) : The instruction given, so far as pertinent here, reads :

“Insanity is an element in…