State v. Pace

This is an appeal from a judgment based upon a jury verdict in the Eighth Judicial District Court, Cascade County, and the court’s sentence. We reverse and remand.

Defendant, Bennett James Pace, presented four issues for review, but we have determined one issue is dispositive of this case:

Did the District Court err in admitting evidence of alleged other acts pursuant to Rule 404(b), M.R.Evid.?

Facts

On October 8, 1991, two Jehovah’s Witnesses entered the home of Donald John McLeod and found him dead on the floor, partially nude. The estimated date of death was October 6, 1991.

Mr. McLeod suffered…