State v. Lovelace

As the Attorney General’s brief in this case stated, it is difficult to conceive how one could commit murder in the second degree or attempt to commit murder in the second degree by shooting the victim in the stomach and not attempt to cause serious bodily harm. “Cessation of life may be fairly characterized as the most serious of bodily injuries.” (Brief for Appellee at 8.)

Unfortunately, the majority opinion abandons the rule which has been followed in this state for many years and adopts a rule from another state which vacates the conviction and forces the State to retry the defendant for a…