People v. Horton

James Horton and Milton Golden were indicted and tried for the murder of Roy McCuUough. A jury found James Horton guilty and he was sentenced to a term of 25 to 50 years imprisonment. Milton Golden was found not guilty.

Defendant Horton contends on appeal: (1) that he was not proved guilty of murder beyond a reasonable doubt; (2) that he was not adequately represented by counsel during a stage in the trial when the court issued a deadlock instruction to an undecided jury; and (3) that the sentence is excessive.

The record indicates that on October 28,1971, at approximately 7 p.m., Roy…