SCHWAB, Chief Judge.
Upon trial by jury, defendant was found guilty of second degree murder for the killing of his two-month-old daughter. The sole basis of his appeal is that the trial court erred in instructing the jury that "`* * * the law conclusively presumes a malicious and guilty intent from the deliberate commission of an unlawful act * * *.'" (Emphasis supplied.)
The state concedes that the instruction complained of is error under the doctrine...
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