State v. Scheuble

OPINION

FORSBERG, Judge.

This appeal is from a judgment of conviction for second-degree felony murder. Appellant challenges the failure to submit lesser-included offenses, and the sufficiency of the evidence. We affirm.

FACTS

Robert Clark died the night of October 20-21, 1984, as a result of injuries suffered when he was kicked and beaten by appellant. Appellant does not dispute the fact he fought with Clark, nor that death resulted from his blows, but claims he acted in self-defense and in defense of another, Claude Stiehl, after Clark pulled a knife on Stiehl.

Clark, Stiehl and appellant had…