Aubrey v. State

Defendant (Appellant) was convicted of Murder in the First Degree, 1 and sentenced to life imprisonment. His appeal presents two questions, treated in the following order:

I. The sufficiency of the evidence upon the issue of the requisite premeditation.

II. The denial of the defendant’s motion for a mistrial for prosecutorial misconduct.

ISSUE I. Decedent, Defendant and witness Lane were companions. Lane and the defendant were together in the defendant’s home in Indianapolis on September 1, 1970. At that time, the defendant told the witness that he was mad and wanted to get “hold” of the…