State v. O'Donnell

The defendant was charged jointly with Lester A. Rorick and John James O’Donnell with the crime of murder in the first degree on two counts. Rorick pleaded guilty. The defendant and John O’Donnell stood trial. From judgments entered on verdicts of guilty, they appealed to this court. The judgments were reversed and the cause remanded for new trial. State v. O’Donnell, 191 Wash. 511, 71 P. (2d) 571. They were again tried and convicted. From judgment on the verdict imposing the death penalty, the defendant Joseph O’Donnell appeals.

Since the state’s evidence at the second trial was substantially…