State v. Ciesiellski

Oxner, Justice.

Richard R. Ciesiellski, Joe Williamson and Eddison Martin were jointly indicted and tried for the murder of Clayton Hall. All were found guilty of murder with recommendation to the mercy of the court and sentenced to imprisonment for life. Richard E. Ciesiellski alone has appealed.

The only questions to be determined are (1) whether the Court erred in refusing a motion by appellant for a directed verdict of acquittal made at the conclusion of all the testimony, and (2) whether there was error in failing to instruct the jury on the question of malice as an- element of the offense…