Hester v. State

*285Prentice, J.

Defendant (Appellant) was charged with Murder in the First Degree (felony murder), Burns Ind. Ann. Stat. § 10-3401, IC 35-13-4-1, Acts of 1941, ch. 148, § 1. He entered pleas of not guilty and not guilty by reason of insanity, was found guilty as charged and sentenced to life imprisonment. His appeal presents four issues:(1) Was the defendant entitled, as a matter of right, to a bifurcated trial on the two pleas ?(2) Is the felony or attempted felony alleged in a charge of felony murder a lesser included offense of the murder charge?(3) Did the trial court err in overruling the…