State v. Davis

EXUM, Chief Justice.

Defendant was convicted of the second degree murder of her husband, Joseph Marvin Davis, as an accessory before the fact. She argues, inter alia, that her conviction must be overturned because the trial judge failed to instruct the jury that she could be found guilty only if her alleged counseling of the principal perpetrator caused him to murder the decedent. We agree and order a new trial. Defendant’s remaining assignments of error may not arise at her new trial and therefore will not be discussed in this opinion. 1

The state’s evidence tended to show that Joseph Marvin…