State v. Smith

WHICHARD, Justice.

Defendant was convicted of assault with a deadly weapon on Dorothy Bottoms and the first degree murder of her husband, John H. Bottoms. He was sentenced to a term of twenty years imprisonment on the assault conviction and to death for the first degree murder conviction. Evidence pertinent to the arguments presented is set forth infra. We find no error in the guilt phase but remand for a new sentencing hearing.

Guilt Phase

We first consider whether the trial court erred in failing to dismiss all charges, at the close of the State’s evidence and of all the evidence, for…