People v. Loger

Defendant was found guilty by a jury of first-degree murder and was sentenced to a life term in the penitentiary. On this appeal, his main argument is directed against an instruction to the jury. This instruction contains an incorrect statement of the law pertaining to manslaughter. The error is grievous. The judgment is therefore reversed and the cause is remanded for a new trial.

The defendant and Terry Brasel, the victim, were former roommátes. An altercation concerning Brasel’s girl friend was a cause of hostility between them. There was testimony that Brasel had beaten up the defendant…