State v. Newman

STOCKARD, Commissioner.

Appellant has appealed from the judgment entered pursuant to jury verdict wherein he was found guilty of murder in the first degree of Diane Elizabeth Cole and sentenced to imprisonment for life. Appellate jurisdiction is in this court by reason of the order of this court dated April 9, 1973.

Appellant’s only point on this appeal is that “The Court erred in not instructing the jury that appellant could be convicted of murder in the second degree, even though said instruction was not requested.”

The transcript shows that after the conclusion of all evidence, a conference…