Flowers v. State

This is an appeal, in forma pawperis, from a judgment on a verdict finding appellant guilty of murder in the first degree and fixing the penalty at death. The assignment of errors questions the actions of the trial court in overruling appellant’s plea in abatement, and his motion for new trial.

On December 10, 1956, the Governor commuted appellant’s sentence to imprisonment for life. The rule is well settled in this state that an applicable statute by operation of law becomes a part of the judgment as though written therein. Dowd v. Sims (1950), 229 Ind. 54, 95 N. E. 2d 628; Woodward v.…