State v. Limerick

BECKER, Justice.

Defendant, Earl Limerick, was charged by indictment with the crime of murder. He pled not guilty, was tried by jury, convicted of second degree murder and sentenced to 30 years in prison. He appeals alleging errors in admission of evidence, failure to instruct the jury regarding improper remarks of the prosecutor and insufficient evidence to justify submission of the charges of first and second degree murder. We consider the errors in reverse order and affirm.

From about 7:00 a. m. September 26, 1967, defendant Limerick and a friend, Marvin Stockton, were sitting in the kitchen…