CARTER, Justice.
Defendant, Robert Anthony Lee, appeals from a judgment and sentence, following a jury trial, finding him guilty of murder in the second degree. He urges that: (1) the jury was misinstructed on the requirement that malice aforethought must continue to exist at the time of the homicidal act, and (2) his trial counsel was ineffective in failing to correct the error. The court of appeals, evenly divided, affirmed his conviction by operation of law. We...
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