Robey v. State

DeBRULER, Justice.

Appellant, Timothy L. Robey, was convicted following a trial by jury of the crime of voluntary manslaughter, a class B felony, in the beating and kicking death of a man with whom he shared quarters He was given an eighteen year sentence, and now appeals on two grounds, namely: (1) that the trial court erred in refusing to give a defense instruction regarding the presumption of innocence and the jury's duty to reconcile the evidence upon the theory of his innocence, and (2) that the trial court abused its discretion in choosing eighteen years as a sentence.

I

Appellant…