State v. Harvey

KELLY, Justice.

Appellant was charged with murder in the second degree. At trial his sole defense was that the homicide was justified. He was convicted and sentenced to an indeterminate period of one year and one day to 20 years. At the close of the trial, appellant moved for judgment of acquittal, or in the alternative, for a new trial on the grounds that the verdict was not supported by the evidence. Appellant claimed further that the introduction of the autopsy report into evidence by a doctor who was not actually present during the autopsy was reversible error. The trial court denied the…