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STATE v. BUTLER

No. 789 Ex.

268 A.2d 433 (1970)

STATE v. Sandra J. BUTLER.

Supreme Court of Rhode Island.

August 5, 1970.

Attorney(s) appearing for the Case

Herbert F. DeSimone, Atty. Gen., Donald P. Ryan, Asst. Atty. Gen., Scott K. Keefer, Sp. Asst. Atty. Gen., for plaintiff.

Bucci & Rao, Carmine A. Rao, Providence, for defendant.

OPINION

POWERS, Justice.

This indictment for murder was tried to a Superior Court justice and a jury which returned a verdict of guilty of murder in the second degree. The case is before us on defendant's bill of exceptions, the sole exception pressed being to the trial justice's refusal to instruct the jury on the issue of self-defense.

In this state, G.L.1956 (1969 Reenactment) § 8-2-38,

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