Gertman v. State

PEARSON, Judge.

James Gertman was charged by indictment with first degree murder. He was tried before a jury and found guilty of murder in the first degree with a recommendation of mercy. He was sentenced to life in prison at hard labor and is presently serving the sentence. Gertman is an indigent and he has brought this appeal with the aid of a Special Assistant Public Defender.

Although the indictment charged Gert-man with first degree murder by shooting the decedent with a pistol, as if Gertman had actually pulled the trigger, the case was tried from the very beginning as a felony-murder…