State v. Leinweber

Rogosheske, Justice.

Defendant, Harry Alexander Leinweber, was charged by information with murder in the second degree for the shooting death in June 1971 of his wife. Following an 18-day trial, the jury found him guilty of the lesser offense of murder in the third degree, and he was sentenced to imprisonment for an indeterminate term of not more than 25 years. Upon his appeal from an order denying his motion for a new trial and from the judgment of conviction, he alleges as prejudicial errors the denial by the trial court of his request to instruct the jury on the lesser offense of…