State v. Hall

Because the information charging him with second degree murder failed to allege that he caused the death of George D. Allen, also known as Joe Allen, with malice, James T. Hall, also known as Thomas Duane Strawder, in a postconviction relief action, asked the district court for Hall County to set aside his conviction of second degree murder.

Finding there was a procedural default on the part of Hall, the district court denied Hall the relief he requested. Hall then appealed to this court.

We find that Hall was charged in a fatally defective information which violated Hall’s constitutional…