State v. Smith

Ness, Chief Justice:

Appellant was convicted of one count of murder and one count of assault and battery with intent to kill. He was sentenced to concurrent terms of life and ten years. We reverse and remand for a new trial.

Appellant entered the Johnston Post Office at 8:15 a.m. on August 19, 1983, carrying a shotgun. Postmaster Charles McGee and several post office employees fled the building. Appellant pursued McGee to a convenience store where he shot and killed him. Several other people were wounded by gunshot fire before appellant was apprehended.

At trial, appellant relied upon the…