STATE v. McMULLIN

No. 86-1875.

421 N.W.2d 517 (1988)

STATE of Iowa, Appellee, v. Murl Edward McMULLIN, Appellant.

Supreme Court of Iowa.

Rehearing Denied May 6, 1988.


Attorney(s) appearing for the Case

Charles L. Harrington, Appellate Defender, John P. Messina, Asst. Appellate Defender, and Patrick R. Grady, Asst. Co. Public Defender, for appellant.

Thomas J. Miller, Atty., Gen., Pamela Greenman Dahl, Asst. Atty. Gen., and Denver Dillard, Co. Atty., for appellee.

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


SCHULTZ, Justice.

The issue presented is whether a due process violation occurred because the trial court instructed the jury to consider defendant's insanity defense before it considered whether he was guilty of the offense charged. While the jury should not have been instructed in this manner, we hold that defendant was afforded due process of law and affirm the conviction.

Defendant Murl Edward McMullin was charged with first-degree murder in the strangulation...

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