CALGARY - A young man convicted of first-degree murder in the shooting of a Calgary teenager will get a new trial, but not on the less serious charge his lawyer had been seeking.
The man was 17 when he was arrested following the death of Adam Cavanagh, who was shot in the head through a basement window of his northeast-area home in February 2007.
He was given a 10-year sentence, but his lawyer said the trial judge made a number of errors.
The case was brought before the Alberta Court of Appeal, where the defence argued for a new trial on a charge of second-degree murder.
The high court has now granted a retrial, but the panel says in a seven-page decision that it should be by indictment on the original charge.
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