Mitchell v. State

This is an appeal from a conviction of first-degree murder in which the appellant was sentenced to life imprisonment. The charge stems from an incident which took place at a Red Bird Filling Station in Evansville, Indiana, where the station attendant, one Wayne Eugene Pauley, was shot to death during the perpetration of an alleged robbery on January 23,1969.

On that evening George Hall, Rick Utley, Lee McKenzie, and defendant-Mitchell left the apartment of Mitchell’s girlfriend, Marie Hall. Rick Utley had a .22 caliber pistol in his *420possession. For some time prior to that evening, defendant…