State v. Broughton

LARSON, Presiding Justice.

Jerry Dean Broughton was convicted of first-degree murder, Iowa Code § 707.2 (1985), in the killing of a robbery victim, Harold Homer. On his appeal, Broughton raises only one issue: the court’s refusal to instruct on his defense of intoxication. We reverse and remand for a new trial.

The State’s case at trial consisted largely of testimony of Broughton’s brother, Dennis Broughton, and his cousin, Michael Fol-lowill, who testified pursuant to plea agreements with the county attorney. From the evidence, the jury could find the following facts. On December 6, 1979,…