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STATE v. KERNES

No. 59584.

262 N.W.2d 602 (1978)

STATE of Iowa, Appellee, v. David Leid KERNES, Appellant.

Supreme Court of Iowa.

February 22, 1978.

Attorney(s) appearing for the Case

Clark L. Holmes, of Holmes, Ralph & Kutmus, Des Moines, for appellant.

Richard Turner, Atty. Gen., Dan Johnston, County Atty., Des Moines, and Richard G. Blane II, Asst. County Atty., for appellee.

Considered by MOORE, C. J., and MASON, RAWLINGS, REYNOLDSON and HARRIS, JJ.

REYNOLDSON, Justice.

The fighting issue in this appeal is the appropriate standard of conduct to be included in a jury instruction in an involuntary manslaughter case arising out of a shooting incident.

July 7, 1975, defendant and some friends and acquaintances participated in a movable drinking bout. It terminated that night in a friend's house where defendant and Joe Ramirez engaged in friendly "slap fighting...

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