Pendry v. State

McNEILLY, Justice:

Timothy and Kenneth Pendry appeal from their Superior Court jury convictions and life sentences for first degree murder. Timothy also appeals from his conviction and concurrent 10 year sentence for possession of a deadly weapon during the commission of a felony. Timothy was indicted and tried as principal, Kenneth as his accomplice.

Defendants contend (1) that the Trial Court erred in its instructions to the jury on the issue of extreme emotional distress; (2) that the Trial Court erred in failing to instruct the jury on the defense of voluntary intoxication and…