Convicted killer David Kimber is awaiting a retrial after judges overturned the guilty verdict he received two years ago for killing his common-law wife.

Kimber, now 29, was convicted of murder at Bristol Crown Court after the body of his common law wife Maria Vertannes was found at the couple's flat in Eastleigh Road, Devizes, in March 1997.

But Lord Justice Henry, Mr Justice Hooper and Mr Justice Goldring allowed Kimber's appeal against his conviction, but said he would remain in prison while he awaits a retrial.

During his original trial at which Kimber pleaded not guilty, forensic doctor Robert Reeves said Kimber was not mentally responsible for repeatedly stabbing his girlfriend.

The jury, however, found Kim-ber guilty of murder after hearing from psychiatrist Dr Ellen Wilkinson who said he was in a normal state of mind before and after the stabbing of the 26 year-old Miss Vertannes.

At the trial Dr Wilkinson said: "His accurate report of how many wounds he inflicted was too clear for him to be suffering from an abnormal mind."

Kimber did not deny that he had stabbed Miss Vertannes, but pleaded not guilty to murder on the grounds of provocation or diminished responsibility.

Dr Reeves said that once he stabbed Miss Vertannes, his anger would have been like a damn bursting and that nothing or no one could have made him stop.

At the trial Dr Reeves said: "The anger and emotion had probably been building up for months and when it was triggered he could not stop.

"It is clear Kimber did not know what he was doing. His mind was in such a state that I doubt whether you or I would have been able to make him stop."

A date has not yet been set for the retrial and it could yet be several weeks before the reason for the judges accepting the appeal is known.