State v. Smith

551 S.E.2d 889 (2001)

STATE of North Carolina

v.

James Russell SMITH, Jr.

No. COA00-616.

Court of Appeals of North Carolina.

September 4, 2001.

Attorney General Michael F. Easley, by Special Deputy Attorney General Steven M. Arbogast, for the State.

Appellate Defender Malcolm Ray Hunter, Jr., by Assistant Appellate Defender Mark D. Montgomery, for defendant-appellant.

HUNTER, Judge.

James Russell Smith, Jr. ("defendant") appeals the trial court's judgment convicting him of the second degree murder of his wife's two-year-old daughter, Amanda. We hold that the trial court erred in failing to grant…