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State v. Wilmoth

11/6/2003

a) (1997) (second-degree murder); id. § 39-12-101(a)(3) (1997) (attempt).


In the present case, the defendant complains that the evidence of attempted second-degree murder emanated solely from the testimony of the victim. However, the victim's testimony clearly established the elements of the conviction offense, and it was the prerogative of the jury to accredit the victim's testimony. The victim identified the defendant as the assailant and described the grievous knife wounds inflicted by the defendant during the attack, some of which caused the extrusion of the victim's intestines. Also, the defendant sliced the victim's throat. The jury saw physical evidence of these wounds. Clearly, in the light most favorable to the state, the evidence showed that the defendant took a substantial step in knowingly killing the victim. As such, the evidence is sufficient.


Finally, the defendant claims that, due to the combination of trial errors, he was deprived of a fair trial. We have discerned, however, no errors to be combined. Accordingly, we reject this claim.


Finding no reversible error, we affirm the judgment of the trial court.




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