Johnston v. State

239 Ind. 77 (1958)

155 N.E.2d 129

JOHNSTON

v.

STATE OF INDIANA.

No. 29,677.

Supreme Court of Indiana.

Filed December 23, 1958.

Robert E. Clemence, of Covington, Keith E. Barnhart, of Attica and Edward L. McCabe, of Williamsport, for appellant.

Edwin K. Steers, Attorney General, and Merl M. Wall, Assistant Attorney General, for appellee.

BOBBITT, J.

Appellant was convicted of murder in the first degree under Acts 1941, ch. 148, § 1, p. 447, being § 10-3401, Burns' 1956 Replacement, tried by jury, found guilty as charged and sentenced to death by electrocution.

The sole question here presented concerns the…