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Salyers v. State

The trial court adequately covered the law on "cooling time" when it charged that the killing could be attributed to murder if there was a sufficient interval between the provocation and the killing for the voice of reason and humanity to be heard.

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Defendant Larry Salyers was convicted of felony murder in connection with the death of Joe Smith.1 He appeals, asserting, inter alia, the trial court erroneously instructed the jury. Finding no error, we affirm. Viewing the evidence in a light to uphold the verdict, we find the following: Salyers was visiting Smith’s girlfriend, Theresa Hagen, when Smith came home. Smith and Hagen started arguing and, when Salyers intervened, Smith and Salyers started to scuffle. Salyers pulled a knife and stabbed Smith in the back and chest. Smith ran to the home of a neighbor for help; he said that Salyers stabbed him; then he fell to the floor. Salyers appeared in the neighbor’s doorway and asked, “Where is he at” In the meantime, the sheriff appeared on the scene. He asked Salyers to wait outside while he looked after Smith. Salyers did not wait; he ran to a wooded lot and the sheriff followed him.

The sheriff caught Salyers and placed him under arrest. He was carrying a blood-stained knife in his right front pants pocket. The blood on the knife matched that of the victim.

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