State v. McKinney

McGRAW, Chief Justice:

On June 19, 1983, the appellant, Frank J. McKinney, then seventy-five years old, was convicted by a jury in the Circuit Court of Mercer County of first degree murder, with no recommendation of mercy. He makes numerous assignments of error on appeal. After a discussion of the circumstances leading to this prosecution and appeal, we will address each of these assignments of error.

The appellant does not dispute that he shot and killed Aline Carrie Laxton in the early morning hours of December 25, 1982. He contends that he was forced to shoot her in self-defense. The…