Stansbury v. State

The appellant was indicted for murder, along with James Donald Fitzgerald and Marvin Rich. The other defendants were granted a severance. The appellant was tried before two judges, without a jury, found guilty of murder in the first degree, and sentenced to death. He contends that the evidence did not support a verdict of murder in the first degree; that it showed he was too intoxicated to form an intent to rob or to kill in the course of a robbery; and that the court erred in finding him sane and in failing to grant a continuance until after trial of the co-defendants.

The killing occurred a…