Aesoph v. State

OPINION

Following a jury trial, appellant Gerald Aesoph was convicted of first degree murder, burglary and robbery with use of a deadly weapon. After review of Aesoph’s assignments of error, we conclude that prosecutorial misconduct constituted reversible error. Accordingly, we reverse and remand for a new trial.

THE FACTS

On the evening of April 28, 1982, Gerald Aesoph shot and killed William Apfel, aka Bill Martin, in Apfel’s home. At trial, Aesoph claimed that he shot Apfel in self-defense. The state argued that Aesoph committed premeditated murder. Except for Aesoph, there were no witnesses…