State v. Horton

The opinion of the court was delivered by

ROSEN, J.;

Following the reversal by this court of his conviction in his first trial, John Henry Horton appealed from his conviction of first-degree felony murder at his second trial. While retaining jurisdiction over the case, this court remanded the case to the district court for evidentiaiy findings and conclusions relating to the narrow issue of reopening the defense case based on evidence that came to light after the jury began its deliberations. The district court ruled adversely to Horton on remand, and he reasserts that issue before this court.…