Lutes v. State

Breck Lutes was indicted, tried, and convicted for first-degree murder in the killing of Peter Dumele on April 8,1928, the conviction carrying with it, however, a recommendation of mercy. Three others, namely, Rodney Ford, John Todd Messner, and Robert Zwick, were jointly indicted with the defendant. The indictment contained three counts, the first count charging that the defendant and the others indicted with him purposely killed Peter Dumele while engaged in perpetrating a robbery of said Peter Dumele and others. The second count charged that Peter Dumele was killed purposely and with…