State v. Davis

JOHNSON, Judge.

Defendant was indicted and tried upon the charge of second degree murder. The state presented evidence which tended to show that on 4 March 1982 defendant was living with his girlfriend, Martha Wingate, in Apartment 3-C, Hyde Place Apartments, Fayetteville, North Carolina. Martha Wingate testified that on 4 March 1982, defendant left for work at about 6:00 a.m. Between 7:45 and 8:00 a.m. Robert Lowery arrived at the apartment to do some work on Martha’s motor vehicle. Martha and Lowery had been “seeing” each other for about two months. She admitted Lowery into the apartment and…