Boothe v. State

SHANGLER, Presiding Judge.

This appeal is from a denial of a motion to vacate judgment and sentence under Rule 27.26. The defendant was accused by separate indictments with two acts of first degree murder. The indictments were in conventional form and clearly sufficient. On the motion of the defendant the two causes were consolidated for trial, but over his objection the indictments were amended by the phrases: “or during the commission of a burglary” and “either alone or knowingly acting in concert with others.” The jury assessed the death penalty on each charge; on appeal the convictions…