State v. Bates

MAUS, Judge.

The defendant was convicted by a jury of second degree felony murder and sentenced to imprisonment for 25 years. The gravamen of the state’s case was that the defendant, in the process of stealing the victim’s jacket, billfold and pocketknife, pushed the intoxicated victim from his pickup truck into the snow as a result of which he died. The defendant appeals presenting two points of alleged error. While the defendant does not in general question the sufficiency of the evidence, a brief summary of the facts is required as the background for consideration of the two “points relied…