Carter v. State

Defendants (Appellants) Carter and Laws were charged with other co-defendants, Hodge and Hunter, with two counts of first degree murder in connection with the killing of Edward Kitowski in the course of an armed robbery. Count I charged the traditional offense of killing purposefully and with premeditated malice; and Count II charged killing while perpetrating a robbery. The four defendants were tried jointly before a jury. Hodge’s motion for a judgment on the evidence was sustained; and Hunter was acquitted.

Defendant, Carter, was convicted of murder in the second degree upon Count I and a…