Loftus v. State

The defendant was tried by a jury upon an indictment which is denominated “Indictment For Murder.” There was a verdict of guilty ‘and he was sentenced to death. The indictment charges that the defendant did “unlawfully and feloniously kill and murder one William Tennell, in the perpetration' of the crime of bank robbery.” There is no allegation of “Premeditated malice,” or that the killing was done “purposely and maliciously, but without premeditation,” or that the killing was “voluntary, upon a sudden heat.”

The murder statute in effect at the time was as follows: “Whoever, purposely and with…