State v. Hiatt

MILLARD, C.J., STEINERT, and HOLCOMB, JJ., dissent. The appellants Marinoff and Hiatt were charged, together with Oscar Wold, J.L. Hanford and Theo Fergeson, with the crime of murder in the first degree. Marinoff was charged as an accessory before the fact and the others as direct participants.

A trial was had to a jury. At the close of the state's case, the prosecutor acquiesced in a directed verdict of not guilty as to the defendant Wold. The case as to the other defendants was submitted to the jury, resulting in a verdict finding each of the four guilty of manslaughter. The defendant…