State v. Smith

Thomas Phillip Smith appeals the judgment and sentence imposed upon a jury verdict finding him guilty of first degree murder. The primary issues presented concern the propriety of an identification proceeding held after the trial had commenced. Smith also assigns error to the court's refusal to give the jury a cautionary instruction relative to his alleged confession. We find no error and affirm.

The victim, Darwin Ward, was last seen alive by his mother on the morning of August 30, 1981. His body was found 2 weeks later in a heavily wooded area near Granite Falls. The coroner concluded he had…