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Then Dowdy woke up and came downstairs, and a fight ensued. Defendant said that he decided to burn the house and that he changed clothes, cut some phone lines at a nearby house, and took a lawnmower.
Defendant also told Mitchell that, earlier that day, he smoked some marijuana, drank some beer, and injected cocaine several times. on the morning of 3 October 1994, defendant's family tried to have him committed to the mental health department because they thought he was hallucinating from drugs. John Parker (no relation to defendant) was appointed as counsel to represent defendant, and Isaac Cortes, Jr., was appointed as co-counsel.
While the indictment alleged that defendant broke and entered the apartment “with the intent to commit a felony therein,” it did not specify a particular felony. E.2d 335, 348 (stating that whether the felony occurred prior to or immediately after the killing is immaterial so long as it is a part of a series of incidents which form one continuous transaction), cert. As defendant's third argument, he contends that the trial court erred in failing to dismiss, at the close of all the evidence, the charge of first-degree burglary of the apartment of Dowdy, as the indictment was insufficient to allege burglary, and the evidence was insufficient to support submission of this charge to the jury. Contrary to defendant's arguments, the trial court did not err in failing to dismiss the charge of malicious castration at the close of all the evidence. Betty Edwards lived nearby at 208 Railroad Street in Roseboro. Instead, defendant claims that the actions of the trial court in proceeding with limited jury orientation, jury excuses, and jury deferments without the presence of his lead counsel violated his right to the appointment and presence of two counsel. On 2 October 1994, she noticed that several items, including a battery charger, an electric heater, a gas edger, a toolbox, and a black case with tools in it, had been removed from her storage building. Edwards' son's 1991 Nissan Stanza had also been entered, and papers had been scattered around in the car. However, the statute does not require that both appointed attorneys be involved in every aspect of a defendant's case.
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The phone lines had been cut, a storm window under the garage had been removed, and the padlock had been pried from the door of a storage building. A tennis-shoe impression in blood on a newspaper found in the hallway of Dowdy's upstairs apartment was an exact match in design and size to an impression from the Asics tennis shoe defendant was wearing when he arrived at his cousin's house at a.m. When seized on 6 October 1994, it was determined that the tennis shoes had human blood on them.