State v. Farmer

Section 12400, General Code, reads:

“ Whoever, purposely, and either of deliberate and premeditated malice, or by means of poison, or in perpetrating or attempting to perpetrate rape, arson, robbery or burglary, hills another is guilty of murder in the first degree and shall be punished by death unless the jury trying the accused recommend mercy, in *216which case the punishment shall be imprisonment in the penitentiary during life.” (Italics supplied.)

The principal contention of defendant is that no attempt to perpetrate a robbery was shown. In a confession which he repudiated, defendant admitted…