Cittadino v. State

Appellant was convicted of robbery with firearms and the judgment, in accord with the verdict of the jury, carried the death penalty. The assignments of error pressed as grounds for reversal are the following: (1) failure properly to identify appellant as a participant in the crime; (2) denial of motions for mistrial on ground of prejudicial rulings; and (3) errors in instructions and sentence which assumed that the firearm exhibited was a deadly weapon.

Appellant was jointly indicted with Walter Henderson and Steve Dindinger under Section 2367 of the Code of 1942, which is as follows:

“Every…