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STATE v. BROUGHTON

No. 87-507.

425 N.W.2d 48 (1988)

STATE of Iowa, Appellee, v. Jerry Dean BROUGHTON, Appellant.

Supreme Court of Iowa.

June 15, 1988.

Attorney(s) appearing for the Case

Charles L. Harrington, Appellate Defender, and B. John Burns, Asst. Appellate Defender, for appellant.

Thomas J. Miller, Atty. Gen., Pamela Greenman Dahl, Thomas H. Miller, Asst. Attys. Gen., and Paul M. Goldsmith, Co. Atty., for appellee.

Considered by LARSON, P.J., and SCHULTZ, CARTER, NEUMAN, and SNELL, JJ.

LARSON, Presiding Justice.

Jerry Dean Broughton was convicted of first-degree murder, Iowa Code § 707.2 (1985), in the killing of a robbery victim, Harold Horner. On his appeal, Broughton raises only one issue: the court's refusal to instruct on his defense of intoxication. We reverse and remand for a new trial.

The State's case at trial consisted largely of testimony of Broughton's brother, Dennis Broughton...

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