State v. Merten

This is an appeal by the defendants, two in number, from a judgment of the circuit court which adjudged them guilty of the crime of murder in the first degree and ordered their execution. The entry of the judgment was preceded by a plea of not guilty and by the receipt of a verdict of guilty, unaccompanied with a recommendation for life imprisonment as permitted by Constitution of Oregon, Art. I, § 37, and § 23-411, O. C. L. A.

Both appellants submit the following assignment of error:

“Indictment is fatal on demurrer if the facts charged therein constitute more than one crime, or one crime in…