W. Dale Mcdonald v. State Indiana‪.‬

PRENTICE, J. - Defendant (Appellant) was indicted for murder in the second degree,[Footnote 1] and convicted of voluntary manslaughter,[Footnote 2] in a trial by jury. The Court of Appeals, First District, affirmed over the defendants three assigned errors, and the defendant has petitioned for transfer upon the first of such assignments, being that the court erred by giving the States tendered instruction No. 3, hereinafter related. The Court of appeals held that any deficiency in said instruction No. 3 was cured by instruction No. 8, also hereinafter related.