State v. Eby

LANSING, Judge.

Following a jury trial, Daniel Eby was convicted of first degree murder, conspiracy to commit robbeiy, and attempted robbeiy. On appeal, Eby asserts that the district court erred by refusing to suppress Ebj^s incriminating statements made to police, admitting hearsay evidence at trial, and refusing to give a jury instruction requested by Eby. He also contends that his attempted robbeiy conviction should be vacated because it merges into the first degree murder conviction.

FACTS AND PROCEDURAL HISTORY

According to the State’s evidence, the victim, Mel Evenson, was murdered late in…