Smith v. State

John E. Jennings, Judge.

Shane Smith was convicted of the second degree murder of Keith McCaskill and was sentenced to ten years imprisonment. On appeal, Smith argues that the trial court erred in: (1) overruling his motion to suppress, (2) excluding evidence of the victim’s fighting ability, (3) excluding evidence offered to show that other persons had threatened the victim and that he was in fear for his life, and (4) restricting his cross-examination of the medical examiner. We find sufficient merit in the third point raised to require reversal. Because the other issues raised may arise…