Turk v. State

OPINION

By HAMILTON, PJ.

Nowhere in the charge did the court charge the purpose to kill a necessary element to constitute the crime. The statute is:

“Whoever, purposely, * * * or in perpetrating or attempting to perpetrate * * * arson, * * •E kills another is guilty of morder in, the first degree and shall be punished by death unless the jury trying the accused recommend mercy, * E

It is apparent that the trial court took the view that the purpose applies to the setting- fire to the building, or procuring it to be burned, or purposely aiding or abetting another. It was the common law rule that…