Kestler v. State

DISSENTING OPINION

Gilkison, J.

I concur fully with the dissenting opinion of Emmert, J., filed in this case.

The appellant was charged with, and convicted of murder in the first degree. Our statute so far as applicable to the charge in this case is as follows:

“Whoever purposely and with premeditated malice, . . . kills any human being, is guilty of murder in the first degree, . . .” Burns’ 1942 Replacement, § 10-3401.

I shall consider only whether there is any evidence in the record or any proper inference showing (1) that the killing was purposely done or (2) done with premeditated malice.

Of…