Hereford v. State
Annotate this CaseAfter a jury trial, Appellant was found guilty of second-degree murder for shooting and killing his cousin. Appellant was also found guilty of kidnapping-confinement and first-degree sexual assault relating to conduct involving his cousin’s girlfriend. The Supreme Court affirmed, holding (1) the district court did not abuse its discretion when it instructed the jury that it could presume malice from the use of a deadly weapon; and (2) the district court did not err in denying Appellant’s motion to sever the second-degree murder charge from the other charges of kidnapping and sexual assault.
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