ADAIR v. STATE

No. F-83-766.

710 P.2d 768 (1985)

Delbert Wayne ADAIR, Appellant, v. STATE of Oklahoma, Appellee.

Court of Criminal Appeals of Oklahoma.

December 17, 1985.


Attorney(s) appearing for the Case

David L. Miller, Assistant Public Defender, Oklahoma City, for appellant.

Michael C. Turpen, Atty. Gen., Susan Stewart Dickerson, Asst. Atty. Gen., Oklahoma City, for appellee.


OPINION

BUSSEY, Judge:

Delbert Wayne Adair was convicted in Oklahoma County District Court of Murder in the First Degree and of Assault and Battery with a Dangerous Weapon. He received sentences of life imprisonment and ten years' imprisonment, respectively.

He makes only one assignment of error on appeal. Appellant claims the trial court erred in refusing to give the jury the following instruction.

The presence of `malice' as that term...

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