State v. Tate

HOUSER, Commissioner.

This a direct appeal by Herbert Ned Tate from a judgment of conviction and sentence of life imprisonment on a charge of murder in the first degree.

Tate and four others were jointly indicted for the murder of Mike LoGrasso in his restaurant during the course of a holdup.

State’s witness Claude Johnson testified that four men, Berry, Brantner, McKinney and Fair, three of whom were armed, en tered the restaurant and that one Wright and Herbert Tate were outside. Cross-examination of Johnson was waived, whereupon the following occurred:

“THE COURT: That’s Fair, Brantner, and…