Kirby v. State

OPINION

COATS, Judge.

A two-count indictment charged Roy C. Kirby with the murder of Jerry Hite. In a jury trial before Judge Ralph Moody, Kirby was found not guilty of Count I of the indictment charging murder in the first degree, AS 11.41.100(a)(1), but was found guilty of Count II of the indictment charging murder in the second degree (felony-murder), AS 11.41.110(a)(3). 1 Kirby appeals to this court alleging various errors relating to the second count of the indictment. We have decided that Kirby’s conviction must be reversed because the trial judge did not instruct the jury on the…