State v. Bandy

Defendant was convicted of murder in the first degree, with recommendation of mercy. The case is submitted on motion for new trial.

The indictment charged that defendant killed Homer R. Day, a taxi-cab driver while engaged in committing robbery upon him. It makes no other charge. It did not charge deliberate and premeditated killing. It charged that defendant and John Doe assaulted Day, and by violence and by putting him in fear took from him, money, a watch and other articles all of the value of $90.00; that while in the act of robbing him, they— defendant and John Doe (the other person was…