State v. Painter

LOVINS, PRESIDENT:

Fred Clifford Painter, hereinafter designated as defendant, prosecutes this writ of error to a judgment of the Circuit Court of Kanawha County, West Virginia.

The defendant and Harry Atlee Burdette were jointly indicted by a grand jury of Kanawha County for the murder of Edward C. O’Brien. They were given separate trials. The State elected to try Burdette first, his trial resulting in a conviction of'murder of the first degree. In accordance with' the verdict, Burdette was sentenced to be “punished with death”. The decision of this Court on a writ of error granted Burdette is…