Marjason v. State

The appellant, together with Rose Masuth, was charged by indictment with the killing of one Leo Masuth, husband of Rose Masuth, by means of poison. The charge contained the allegations that the killing was done “wilfully, purposely, and with premeditated malice.”

Rose Masuth entered a plea of guilty to second degree murder and was sentenced to prison for the term of her natural life. The appellant entered a plea of “not guilty” and went to trial. The theory of the State was that the appellant was an accessory to the commission of the act. In support of its theory, the State offered to…