State v. Moffitt

The opinion of the court was delivered by

Schroedeb, J.:

This is an appeal in a criminal action wherein the appellant was found guilty by a jury of murder in the first degree; possession of a pistol after conviction of a felony; two counts of attempted first degree kidnapping; and two counts of felonious assault.

The principal points presented on appeal concern questions of law based upon the instructions given by the trial court as applied to the evidence in the . case.

The material facts disclosed by the evidence in the record are not in dispute.

Shortly after midnight on the 8th day of August,…