State v. Shank

WHICHARD, Justice.

Defendant was convicted of the first degree murder of Dellaree Shank and sentenced to life imprisonment. We award a new trial.

The State’s evidence tended to show that on 6 January 1986, between 8:30 and 9:00 a.m., defendant went to the Cleveland County Health Department, where his estranged wife, Dellaree Shank, worked. Defendant and Ms. Shank walked out of the building into the parking lot. They talked for a short time, then defendant pulled out a gun. As Ms. Shank ran away screaming, defendant shot her. She fell to the pavement. Defendant walked up to her and shot her…