Flanigan v. State

BROWN, Justice.

The appellant R. Ben Flanigan, to whom we will hereafter refer as the defendant, was indicted, tried and convicted of murder in the first degree and sentenced to death by electrocution. On being arraigned the defendant pleaded “not guilty” and “not guilty by reason of insanity.” Thereafter by leave of the court he withdrew his pleas and filed a demurrer to the indictment which contained three counts, but inasmuch as counts two and three were nolle prossed, and the trial proceeded only on count one, we will limit our consideration to that count, in treating the demurrer filed…