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Cypress man's murder conviction reversed

September 28, 2013 12:00:00 AM PDT
A federal court has reversed a Cypress man's murder conviction in the bludgeoning death of his wife.

According to The Orange County Register, the three-judge panel for the 9th U.S. Circuit Court of Appeals reversed 75-year-old Marvin Vernis Smith's 2007 murder conviction, ruling that Smith didn't receive a fair trial.

Minnie Smith, 66, was found dead in the couple's home. Authorities said she had been beat to death with a metal fireplace log roller on Dec. 15, 2005.

The court ruled that a jury instruction violated Smith's right to receive proper notice of charges against him and prepare a defense.

The District Attorney's Office will request that the State Attorney General ask the U.S. Supreme Court to review the decision.

The Associated Press contributed to this report.


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