State v. Webb

EXUM, Justice.

In this appeal defendant brings forward two assignments of error. Defendant asserts that during its instructions to the jury the trial court erred by failing to give him the benefit of certain evidence favorable to his defense. Defendant also maintains his constitutional right to due process was violated when the trial court considered, for purposes of sentencing, that the murder was committed while defendant was on pretrial release in an unrelated felony case. Neither argument affords defendant any relief.

The state’s evidence tends to show that on the evening of 24 October 1981…