Finch v. State

The defendant was convicted of murder in the first degree and sentenced to be electrocuted.

The murder statute provides: “Whoever purposely and with premeditated malice, or in the perpetration of or attempt to perpetrate a rape, arson, robbery, or burglary, kills any human being, is guilty of murder in the first degree, and on conviction shall suffer death or be imprisoned in the state prison during life.” § 10-3401, Burns’ 1942 Replacement, § 2402-1, Baldwin’s Supp. 1941. The indictment is in two counts, the first charging premeditated, malicious murder, and the second killing in the…