Sawyer v. State

BRICKEN, Presiding Judge.

The two appellants were jointly indicted, jointly tried, and both were convicted, and appeal from the judgment of conviction wherein both were adjudged guilty of the offense of murder in the second degree and duly sentenced to imprisonment for ten years. The indictment contained three counts originally, but before the case was submitted to the jury, the court, at the instance of the state, entered a nol pros as to the first count of the indictment.

Count 2 of the indictment charged the defendants with the offense of murder in the second degree. Specifically, that they…