HUNTER, Justice.
The defendant, Dectrick Raspberry, was charged with first-degree murder on June 30, 1976. He was found guilty by a jury of second-degree murder, Ind. Code § 35-1-54-1 (Burns 1975) and was sentenced to life imprisonment. On September 10, 1980, he was granted permission to file this belated appeal which raises the following issues.
1. Whether the trial court erred in giving its instruction number 9 on voluntary intoxication;
2....
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