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BOYLE v. STATE

No. CR 05-77.

214 S.W.3d 250 (2005)

Patrick BOYLE, Appellant, v. STATE of Arkansas, Appellee.

Supreme Court of Arkansas.

September 29, 2005.

Attorney(s) appearing for the Case

Jay Saxton, Bentonville, and Lisa Evans Parks, for appellant.

Mike Beebe, Att'y Gen., by: Vada Berger, Ass't Att'y Gen., Little Rock, for appellee.

JIM GUNTER, Justice.

Appellant Patrick Boyle was convicted of capital murder for shooting his live-in companion, Carol Ivanhoe. Because the State waived the death penalty before trial, Boyle was automatically sentenced to life imprisonment without the possibility of parole. See Ark.Code Ann. § 5-10-101(c)(Supp.2005). Boyle raises four points on appeal: (1) the trial court abused its discretion in refusing to instruct the jury on second-degree murder and...

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