Davidson v. State

OPINION

COATS, Judge.

Hugh A. Davidson appeals to this court from his convictions for murder in the second degree, 1 burglary, 2 and two counts of assault with a dangerous weapon. 3 Davidson also appeals his sentence. 4 We affirm Davidson’s conviction and sentence, but remand to the trial court for reconsideration of Davidson’s new trial motion.

The trial in this case involved two incidents. The first incident took place on September 19, 1977, and resulted in Davidson being convicted of assault with a dangerous weapon on Peggy Horn. The second incident took place on September 25, 1977, and…