State v. Bainbridge

1984 OPINION NO. 65, ISSUED JUNE 21, 1984, IS HEREBY WITHDRAWN, AND THIS OPINION IS SUBSTITUTED THEREFOR.

BAKES, Justice.

Appellant was tried and convicted of first degree murder (felony murder, murder during the commission of a robbery) and robbery arid was sentenced to two concurrent fixed life sentences. He appeals both his conviction and his sentence. For the reasons set out below, appellant’s conviction must be reversed and the cause remanded for a new trial. Additionally, we address other issues which deal with appellant’s conviction and which might arise as issues upon retrial.

I

The facts…