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STATE v. REESE

No. 62479.

301 N.W.2d 693 (1981)

STATE of Iowa, Appellee, v. Charles O. REESE, Appellant.

Supreme Court of Iowa.

Rehearing Denied March 13, 1981.

Attorney(s) appearing for the Case

John W. Logan, Council Bluffs, for appellant.

Thomas J. Miller, Atty. Gen., John P. Messina, Asst. Atty. Gen., and David Richter, Pottawattamie County Atty., for appellee.

Considered by LeGRAND, P. J., and UHLENHOPP, HARRIS, McCORMICK, and ALLBEE, JJ.

McCORMICK, Justice.

We reversed the previous first-degree murder conviction of defendant Charles O. Reese because of the trial court's refusal to instruct the jury on the lesser included offense of second-degree murder. See State v. Reese, 259 N.W.2d 771 (Iowa 1977). This is an appeal from his conviction and sentence for first-degree murder after retrial. In seeking reversal, defendant contends the trial court erred in overruling...

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