State v. Lindsey

The original opinion which was submitted for consideration in this case failed of adoption. Therein, it was concluded that “the judgment convicting appellant of first degree murder cannot stand and must be set aside,” but the following disposition of the appeal was suggested, to-wit:

“Under previous rulings of this court the cause would be remanded for a new trial on all issues, with the consequential expenditure of the time and resources of witnesses, prosecuting officials, counsel for the accused, court and jury. However, in this case there is no necessity to remand the cause for a new trial…