State v. Place

The defendant was indicted for first degree murder. Before a panel composed of three judges, he withdrew his former plea of not guilty, and not guilty by reason of insanity, and entered a plea to homicide generally. The court, after the introduction of evidence and deliberation to determine the degree of the crime, made the following finding, to wit:

“A majority of the court finds the defendant guilty of murder in the first degree and a majority of the court recommends mercy.”

This appeal is from the overruling of defendant’s motion for a new trial.

The first four assignments of error relate to…