State v. Smith

Lewis, Chief Justice:

Appeal is taken from conviction on a charge of murder resulting in a sentence of life imprisonment. We reverse and remand for a new trial.

Appellant raises two issues upon this appeal. The first question merits summary disposition. Error is claimed by reason of the trial judge’s charge to the jury concerning the implication of malice from use of a deadly weapon. No objection to the jury instruction was raised at trial. The question therefore is not available for our review. Section 17-23-100, Code of Laws, 1976.

A serious question is presented, however, by the admission of…