State v. Barfoot

Bryan E. Barfoot appeals from the Dawson County District Court’s judgment overruling his motion for postconviction relief from an accepted plea of nolo contendere to a charge of second degree murder. We reverse the district court’s order and remand the cause with directions to grant Barfoot a new trial because the information charging Barfoot with second degree murder did not include malice as an element of the crime.

BACKGROUND

In August 1986, Barfoot entered a nolo contendere plea to the charge of second degree murder in connection with the death of his wife. He was sentenced to imprisonment…