State v. Triplett

McCullough, Judge.

James Douglas Triplett (“defendant”) appeals from the judgment entered upon his conviction for first degree felony murder. For the following reasons, we grant a new trial.

I. Background

On 19 April 2010, a Wilkes County Grand Jury indicted defendant on charges of first degree murder, robbery with a dangerous weapon, and first degree burglary. Following various pretrial motions by defendant, defendant’s case came on for jury trial in Wilkes County Superior Court on 4 February 2013, the Honorable Edgar B. Gregory, Judge presiding.

The evidence at trial tended to show that after a…