State v. McFarland

VICTOR C. HOWARD, Presiding Judge.

James McFarland appeals the judgment of the trial court in which he was found guilty of second degree murder and armed criminal action. In his sole point on appeal, Mr. McFarland claims that the trial court erred in denying his motions to preclude the death penalty and to substitute a second degree murder charge for an indictment charging him with first degree murder. The judgment of the trial court is affirmed.

Factual and Procedural Background

On March 3, 2003, Adair County prosecutor Mark Williams charged James McFarland with second degree murder and armed…