State v. Stuckey

BLACKMAR, Judge.

A jury found the defendant guilty of capital murder and fixed the sentence at life imprisonment without probation or parole for 50 years. The Court of Appeals, Western District, reversed because of the failure. to give an instruction about the defendant’s wife’s right to use force in his defense, and found it unnecessary to consider other allegations of error advanced in support of a claim for new trial. We granted the state’s motion to transfer and, taking the case as on initial appeal, now affirm the judgment of the circuit court.

The defendant does not challenge the…