State v. Noble

OPINION

MUSGROVE, District Judge, Sitting by Designation.

The motion for rehearing is granted. The former opinion is withdrawn and the following opinion is substituted.

Defendant was convicted of first-degree murder following jury trial in the District Court of Grant County, and was sentenced to death. He appeals.

The following are the essential facts of the case. In the early hours of May 29, 1975, the defendant followed his ex-wife to her home after having seen her with another man in a local bar. The defendant had told a friend he was going up there to “ * * * do a number on both of them.”…