Johnson v. State

DeBRULER, Judge.

Appellant Gregory Scott Johnson was charged in Count I with felony murder pursuant to I.C. 35-42-1-1(2) in having killed Ruby Hutslar by striking her with a blunt instrument and kicking and hitting her during the commission of a burglary. In Count II, he was charged pursuant to I.C. 35-43-l-l(a) with having knowingly damaged the dwelling of the alleged victim by means of fire, a class B felony. In a separate Count III, the prosecution sought the death sentence by alleging pursuant to I.C. 35-50-2-9(b)(l), the aggravating circumstance that the killing had been done…