State v. Walton

OPINION

WEISBERGER, Justice.

This case comes before us on the defendant’s appeal from a judgment of conviction entered in the Superior Court holding the defendant guilty of murder in the second degree. The defendant’s appeal was filed September 26, 1990, and after waiver of a prebriefing conference, was placed upon the regular calendar for full briefing and argument. We vacate the conviction and remand the case for a new trial. The facts of the case insofar as pertinent to this appeal are as follows.

At the time of the events leading up to the homicide, defendant, Richard Walton, occupied a room…