State v. Foote

SMITH, Judge.

Defendant appeals from his conviction of first degree murder and resultant sentence of life imprisonment without possibility of *881parole. The state did not seek the death penalty.

The victim was Alfred Foote, Jr., defendant’s nephew. Because defendant challenges the sufficiency of the evidence to support the conviction some statement of the facts supportive of the verdict is required. Defendant lived with his mother. On the evening of the murder the mother had been taken to the hospital suspected of having had a heart attack. She was taken by one of defendant’s brothers, Gregory.…