State v. Holcombe

JACKSON, Judge.

Danny Ray Holcombe (“Danny”) appeals his 11 February 2009 convictions for malicious assault in secret, assault with a deadly weapon, injury to personal property, carrying a concealed weapon, and assault and battery. John Anthony Holcombe (“John”) (collectively with Danny, “defendants”) appeals his 11 February 2009 conviction of aiding and abetting malicious assault in secret. For the reasons stated below, we vacate both Danny’s conviction for malicious assault in secret and John’s conviction for aiding and abetting malicious assault in secret.

In July 2008 Michelle McElrath…