State v. Williams

CARTER, Justice.

These are separate appeals by two defendants tried jointly on a single trial information charging them with murder in the first degree. They were convicted of lesser included offenses. Both convictions stemmed from the same incident. The facts and proceedings are the same in both cases, so that we deem it expedient to decide both appeals in a single opinion.

Defendants were jointly charged by trial information with first-degree murder in the death of Ryan Wagehoft. The original trial information also jointly charged Tommy George McCune and Otis Penelton with the alleged crime.…