State v. Grainger

STROUD, Judge.

Defendant appeals judgment convicting her of first degree murder, arguing that the trial court erred in failing to provide the jury with an instruction for accessory before the fact of first degree murder. For the following reasons, we remand for a new trial.

I. Background

The State’s evidence tended to show that in 2008, Mr. Phillip Mabe, Mr. Dylan Boston, defendant’s mother, and defendant planned to murder defendant’s father. On the day of the murder, defendant picked up Mr. Mabe and Mr. Boston and drove them to her father’s home. Mr. Boston brought a gun, and defendant dropped…