State v. Arther

Gregory, Justice:

Appellant was convicted of murder and armed robbery and sentenced to death and twenty-five years. We affirm the convictions and the armed robbery sentence and remand for a new sentencing proceeding on the murder conviction.

FACTS

“Cripple Jack” Miller, the sixty-five year old victim in this case, lived near appellant’s family. On the day of the murder, appellant’s sister, Marilyn, agreed to drive Cripple Jack and his wife to a nearby town to pay some bills. Appellant went along for the ride. Cripple Jack first cashed a government check at a local drugstore. After making several…