State v. Ames

*313OPINION

By MILLER, J.:

The defendant-appellant, Charles L. Ames, was jointly indicted with one Julius Emerick for first degree murder in that they did unlawfully and purposely kill one Herman ADrexler, a police officer of the City of Dayton, while attempting to perpetrate a burglary. On motion of the defendant a separate trial was granted which resulted in a Verdict of guilty without a recommendation of mercy.

Although several errors are assigned the entire brief of the defendant seems to. be limited to the verdict of the- jury in failing to recommend mercy. Although not a part of the record in…