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STATE v. CALDWELL

No. 84-1119.

385 N.W.2d 553 (1986)

STATE of Iowa, Appellee, v. Benjamin Perry CALDWELL, Appellant.

Supreme Court of Iowa.

Rehearing Denied May 21, 1986.

Attorney(s) appearing for the Case

Charles L. Harrington, Appellate Defender, for appellant.

Thomas J. Miller, Atty. Gen., Roxann M. Ryan, Asst. Atty. Gen., J. Patrick White, Co. Atty., and Linda McGuire, Asst. Co. Atty., for appellee.

Considered by HARRIS, P.J., and LARSON, SCHULTZ, WOLLE, and LAVORATO, JJ.

HARRIS, Justice.

Defendant Caldwell was tried and convicted of second-degree murder for the death of Ellen Egan, his live-in girlfriend. Defendant's three assignments of error separately challenging jury instructions were rejected by the court of appeals. On further review we agree and affirm the trial court.

Defendant and Ellen were out with friends at several Halloween parties in Iowa City. Throughout the evening...

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