Roten v. State

Mabby, J.:

• The plaintiffs in error were jointly indicted in the Circuit Court for Monroe county for the murder of Rudolph W. Raymond—Roten as committing the crime, and Thompson as being present, aiding, counseling and procuring the commission of the same. They were jointly tried upon this indictment and both found guilty óf murder in the first degree, with a recommendation of mercy to the court. They bring* the case before us for review by writ of error.

There is such manifest error in the record as to necessitate a reversal of the judgment in this case.

The deceased, Raymond, resided in 1892,…