State v. Smith

HUNTER, Judge.

James Russell Smith, Jr. (“defendant”) appeals the trial court’s judgment convicting him of the second degree murder of his wife’s two-year-old daughter, Amanda. We hold that the trial court erred in failing to grant defendant’s motion to dismiss because the State failed to present substantial evidence that defendant had the necessary malice to sustain a second degree murder conviction. Therefore, we reverse and remand.

*3The evidence presented at trial tended to show that on 21 November 1998, defendant married Angelene Smith (“Angie”). At the time of the incident in question, the…