Rower v. State

Carley, Justice.

After a jury trial, Curtis Alfonzo Rower was found guilty of kidnapping with bodily injury, armed robbery, and two counts of kidnapping. However, the jury was unable to agree on a verdict as to that count of the indictment which alternatively charged Rower with the malice or felony murder of Mrs. Sara Tokars. Upon Rower’s motion, the trial court declared a mistrial as to that count. Subsequently, the State announced that it intended to seek a retrial of Rower on the murder count. Contending that the felony murder charge was predicated upon his commission of the kidnapping with…