How later courts describe this case

• recognizing that prosecutor erred when he made inaccurate factual assertion
• murder defendant's prior violent treatment of and threats to former wife, the victim, were admissible to establish motive
• “In the absence of a valid waiver, the submission to the jury of an offense which is not a lesser included offense violates a defendant’s state constitutional right not to be tried except upon the presentment or indictment of a grand jury.”