had thrown out of the house. By the time Cpl. Shulte arrived at Green’s home, Green’s daughter had already returned. Nonetheless, neighbors asked .Cpl- Shulte to stay until Madison had left Green and her child safely alone. Green and Madison came out of the house and talked to Cpl. Shulte, who never got out of his car. After a brief conversation with Cpl. Shulte, Madison appeared to leave. Actually, he walked about a block away and returned with a .32 caliber pistol; he covertly walked up behind Cpl. Shulte, while Cpl. Shulte was still in his car. Madison fired two shots at near point-blank range, one into the back of Cpl. Shulte’s head and one into his left temple. Madison then shot Green twice in the back and fled the murder scene. He subsequently told an acquaintance, “I 157 (1989) (<HOLDING>). Like the claim of the defendant in Schad,
holding trial court erred in giving jury instruction requiring scienter in franchise fraud case holding that the trial court erred by giving a misleading instruction holding that trial court erred in granting plea in bar as to murder when prior to receipt and publication of fact that jury could not reach a verdict on murder count jury had indicated in notes to the trial court that it had acquitted defendant of murder and holding that there was no verdict until it was received and published in open court holding that the trial court erred in giving jury instructions that offered alternative theories of murder holding that the trial court erred by giving jury instructions for both assault and outrage for the same conduct because it allowed for the possibility of double recovery