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STATE v. BURRIS

No. 8648.

331 P.2d 265 (1958)

STATE of Idaho, Plaintiff-Respondent, v. Buddy Lee BURRIS, Defendant-Appellant.

Supreme Court of Idaho.

October 29, 1958.

Attorney(s) appearing for the Case

Melvin J. Alsager, Moscow, for appellant.

Graydon W. Smith, Atty. Gen., Alfred C. Hagan, Asst. Atty. Gen., Lloyd G. Martinson, Pros. Atty., Moscow, for respondent.

TAYLOR, Justice.

Defendant (appellant) was tried upon an information charging murder of the first degree. He appeals from the judgment entered upon his conviction of murder of the second degree.

The assignments of error are:

"The court erred in giving Instruction No. 18 on First Degree Murder for the reason that such a degree of homicide was not sustained by the evidence. "The Court erred in giving Instruction No. 24 for the reason that...

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