State v. Brown

¶1

C. Johnson, J.

Following a bench trial, defendant Mickey William Brown was convicted of intimidating a witness and first degree burglary while armed with a deadly weapon, a firearm. The Court of Appeals affirmed the convictions, holding that although Brown was charged in the language of an outdated version of the witness intimidation statute, that language was unnecessary to a charge under the present statute and could be disregarded as surplusage. The Court of Appeals also upheld the trial court’s determination that Brown was armed with a deadly weapon during commission of the burglary…