State v. Arnold

I dissent from that portion of the majority’s opinion which finds error in the guilt phase of defendant’s trial on the basis that the evidence was not overwhelming as to whether defendant counseled, procured, or commanded Stuffel to murder her husband. I also disagree with the majority’s holding that, even assuming that defendant did procure or counsel Stuffel, it is “not readily apparent that said counsel caused Stuffel to commit the murder.”

The facts as outlined in the majority’s opinion and in the record would support defendant’s conviction for murder in the first degree as an accessory…