876 S.W.2d 118 (1993)

STATE of Tennessee, Appellee, v. Jeffrey Darrell RUTHERFORD, Appellant.

Court of Criminal Appeals of Tennessee, at Knoxville.

Permission to Appeal Denied February 14, 1994.

Attorney(s) appearing for the Case

J. Thomas Marshall, Jr., Public Defender, Clinton, for appellant.

Charles W. Burson, Atty. Gen. and Reporter, Kimbra Spann, Asst. Atty. Gen., Nashville, James N. Ramsey, Dist. Atty. Gen., Jan Hicks, Asst. Dist. Atty. Gen., Clinton, for appellee.

Permission to Appeal Denied by Supreme Court February 14, 1994.


PEAY, Judge.

The defendant was charged in the indictment with the first degree murder of Estoll Rutherford but was found guilty at a jury trial of murder in the second degree. He was later sentenced to 21 years imprisonment.

In this appeal as of right, the defendant challenges the manner in which the jury was instructed...

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