Rudner v. State

Ben Rudner, Patrick Eugene McDermott and Louis Mazer were jointly indicted for first degree murder in the killing of Don R. Mellett. The indictment charged that the murder was committed unlawfully and purposely and with deliberate and premeditated malice.

Rudner was tried separately and the jury returned a verdict finding him not guilty of murder in the first degree, but guilty of murder in the second degree. Thereupon a motion in arrest of judgment was filed by the defendant, and later an amended motion in arrest of judgment was filed, based on the ground that the offense of second degree…