Poole v. State

WALLACE, Judge.

James Edward Poole appeals his judgment and sentence for murder in the second degree. After a thorough review of the record, we conclude that the State failed to establish a prima facie case of second-degree murder. For this reason, we reverse Poole’s judgment and sentence and remand for the trial court to adjudge Poole guilty of the lesser offense of manslaughter 1 and to resentence him accordingly.

I. THE FACTS

The State obtained an indictment against Poole for the murder in the first degree of Darryl Newsome, one of Poole’s drinking companions. Newsome had no fixed address,…