State v. Plath

Gregory, Justice:

This appeal is from sentences of death for murder and kidnapping entered against John H. Plath and John David Arnold. We affirm the convictions, set aside the sentences and remand for resentencing.

THE FACTS

The appellants Plath and Arnold were arrested on July 7, 1978, on warrants charging them with the kidnapping and murder of Betty Gardner a/k/a Betty J. Adkins, who died on or about April 12,1978.

During the first phase of the trial, at which Arnold and Plath were found guilty a sordid tale unfolded.

Pursuant to a grant of immunity, Cindy Sheets, Plath’s girlfriend at the time…