State v. Atkins

MEYER, Justice.

Defendant was charged in separate bills of indictment, proper in form, with murder in the first degree and assault with a deadly weapon with intent to kill inflicting serious injury. He pled not guilty to each charge and they were consolidated for trial.

The evidence at trial tended to show that during the late afternoon hours of 24 March 1980, as the defendant was returning from a grocery store to his mobile home with Marie Lewis, with whom he lived out of wedlock, Randy Lewis, Marie Lewis’s son, attempted to stop the defendant’s car. Randy was upset that his mother had moved…