State v. Hyster

FINCH, Judge.

Defendant was found guilty of murder in the first degree by a jury which fixed his punishment at life imprisonment. His appeal was taken November 16, 1971, which vests jurisdiction in this court.

Questions raised on this appeal involve the admissibility of statements of the defendant to police, admissibility of evidence concerning the defendant’s intellectual ability as bearing on the voluntariness of his statements, and the action of the trial court in refusing to instruct on second degree murder and manslaughter. We grant a new trial on the basis that such instructions should…