GLICKSTEIN, Judge.
Appellant was originally charged and tried for the first degree murder of Bill Alderdice and for the attempted first degree murder of Jim Alderdice. He was convicted of murder in the third degree of Bill Alderdice and of aggravated assault of Jim Alderdice. Due to the use of a misleading jury instruction by the trial court, an appeal was taken to this court. In Doyle v. State,
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