State v. McMorris

EXUM, Justice.

I

After the close of the evidence, defense counsel, in the jury’s absence, moved to be allowed to inform the jury that conviction of burglary in the first degree would necessarily result in the imposition of a life sentence. The motion was denied by the trial court. The State and defendant stipulate that “the fact that a conviction of first degree burglary carried a mandatory life sentence was not mentioned by anyone in his argument.” Defendant assigns as error the denial of this motion. This assignment is sustained.

We begin discussion with the last sentence of General Statute…