DeBRULER, Justice.
Appellant, Timothy L. Robey, was convicted following a trial by jury of the crime of voluntary manslaughter, a class B felony, in the beating and kicking death of a man with whom he shared quarters. He was given an eighteen year sentence, and now appeals on two grounds, namely: (1) that the trial court erred in refusing to give a defense instruction regarding the presumption of innocence and the jury's duty to
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