State v. McBride

WELLS, Judge.

Defendant sets forth three assignments of error for our review. First, defendant contends the trial court erred in failing to dismiss the second-degree murder charge because the State’s evidence was insufficient to support a conviction. Second, defendant challenges the court’s admission of certain evidence of bad character as proof of malice and its giving leave to the State to argue in- closing that evidence of bad character tended to show defendant acted with malice. Finally, defendant argues that the trial court erred by improperly relying on factors prohibited by the Fair…