State v. Murphy

The gruesome manner in which defendant assaulted, tortured and seriously injured Steve Turner is graphicly described *8in the portion of Steve’s testimony quoted in the Court’s opinion. For this unprovoked and brutal attack defendant was indicted and convicted of felonious assault and sentenced to the maximum term of ten years. He does not appeal from his conviction and sentence for felonious assault.

Defendant was also tried and convicted of kidnapping and sentenced to serve 28 years, the sentences to run concurrently. His appeal is from this conviction and sentence; and the sole question is…