State v. Jones

COZORT, Judge.

Defendant petitioned this Court for a writ of certiorari to review his 8 April 1982 conviction for second-degree murder. By order of 24 April 1985, we allowed the petition.

Defendant contends the trial court erred: (1) in excluding evidence of a telephone conversation between the deceased and the defendant where the deceased threatened defendant’s life; (2) in instructing the jury that second-degree murder is the unlawful killing without malice; (3) in finding as aggravating factors (a) that the “offense was especially heinous, atrocious, or cruel,” and (b) that the “defendant…