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STATE v. JEFFRIES

No. 65503.

313 N.W.2d 508 (1981)

STATE of Iowa, Appellee, v. James J. JEFFRIES, Appellant.

Supreme Court of Iowa.

December 23, 1981.

Attorney(s) appearing for the Case

Chris Odell, State Appellate Defender's Office, Des Moines, for appellant.

Thomas J. Miller, Atty. Gen., Thomas N. Martin, Asst. Atty. Gen., and James Smith, Polk County Atty., Des Moines, for appellee.

Considered by REYNOLDSON, C. J., and McCORMICK, McGIVERIN, LARSON, and SCHULTZ, JJ.

REYNOLDSON, Chief Justice.

Defendant appeals from his conviction of murder in the first degree by presenting two issues: (1) whether jury instruction number 28 was an unconstitutional trial court comment on the evidence, and (2) whether jury instruction number 12, which allowed the jury to infer malice from a wrongful assault with a deadly weapon, was unconstitutional because it shifted the burden of proof to defendant...

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