State v. Biondic

Marko Biondic was found guilty of murder in the first degree, and, by a special verdict, it was also found that the death penalty should be inflicted. From the judgment and sentence entered, upon the verdict of the jury, this appeal is taken.

Three assignments of error dealing with instructions given or refused will be considered first.

Instructions on justifiable homicide and self-defense were refused. There being no evidence from which the jury could have found that the killing, which was admitted, was either excusable or justifiable homicide as those terms are defined in our statutes (Laws…