State v. Drew

Defendant Drew was jointly indicted with Jerome P. Foster, tried separately, and convicted by jury of first degree felony murder. He appeals from the resulting judgment, alleging numerous errors, part of which do not merit discussion.

In the indictment it is alleged that the defendants “in the commission of and attempt to commit armed robbery,” shot the victim. Defendant demurred to the indictment, claiming it charged more than one crime: namely, murder, armed robbery and assault with intent to commit armed robbery.

The demurrer was overruled, which defendant assigns as error.

OES 163.010…