State v. Leeper

Vermilion, J. —

The indictment charges the appellant and two others, Mima Wertz and Beryl Leeper, with murder in the first degree, committed by Shooting Roy Wertz with a pistol. The defendant Mima Wertz was the wife of the deceased, and the defendant Beryl Leeper is the daughter of Roy and Mima Wertz and the wife of appellant. Appellant was separately tried.

A demurrer to the indictment raised the questions: (1) that the act charged could be committed by but one person; (2) that the indictment failed to distinguish between the principal and the accessories; and (3) that Section 5299 of the Code…