Harms v. State

Defendant-appellant (Harms) was indicted for Second Degree Murder, tried by jury and convicted of Voluntary Manslaughter.

He appeals, alleging three errors: (1) Admission into evidence of a stolen TV set and testimony concerning it, (2) An instruction on the subject of aiding and abetting and (3) Admission into evidence of a stipulation concerning Harms’ participation in a jail break and an instruction concerning the stipulation.

The evidence showed that Harms, David Hudson (the deceased) and other persons spent most of Sunday, October 17, 1971, drinking together. After visiting several bootleg…