May v. State

The appellant was tried by jury, found guilty of murder in the first degree, and sentenced to imprisonment for life. He appeals.

Serious procedural questions have been raised by the Attorney General. Although not bound to do so, we pass these questions and proceed to the merits, to the end that it may be determined whether substantial justice has been denied to the appellant. Kallas v. State (1949), 227 Ind. 103, 110; 83 N. E. 2d 769; Marshall v. State (1949), 227 Ind. 1, 14, 83 N. E. 2d 763.

The evidence most favorable to the state discloses that appellant and his cousin, after first visiting…