State v. Anderson

UDALL, Justice.

The defendant Alma Jean . Anderson was charged with murder in the first degree. During the trial of that charge, at the close of the evidence defense counsel moved for the exclusion of instructions on murder in the first and second degree for the reason that the record failed to show the presence of malice aforethought. That motion was denied.

The jury received instructions on murder in the first degree, murder in the second degree and manslaughter. The jury returned a verdict of guilty of the charge of manslaughter. On the date set for sentencing, counsel for the defense moved…