Shade

Defendant was convicted of second degree murder and sentenced to life in prison with the possibility of parole. On appeal he argues the trial court erred (1) by instructing the jury that malice is a wish to vex, annoy or injure another person, or an intent to do a wrongful act, and (2) by improperly instructing on the law of self-defense. We shall affirm.

Marvin Phoenix was spending the evening of May 11, 1984, with friends and relatives, including defendant, at the Phoenix house. Phoenix’s dog began barking, indicating someone was outside. At that moment, Eldon “Bean Sprout” Cress kicked in the front door, pointed a .22 caliber rifle at defendant and stated, “I’m going to kill you, Bill Shade.” Phoenix started struggling with Cress for the gun. Defendant ran over and took the gun away from Cress. Phoenix, then, noted a white van outside. Fearing the white van was related to the attack, Phoenix ran upstairs to get his own gun. When he came back downstairs, Cress and defendant still were fighting. Defendant was hitting Cress about the shoulder and head with Cress’s gun. Defendant continued to hit Cress even after Cress fell to the floor and was rendered unconscious.

When…