Jenkins v. State

HERRMANN, Justice:

Thornton A. Jenkins was convicted of murder in the first degree and burglary in the fourth degree. Clifford Warner was convicted of murder in the second degree and burglary in the fourth degree. They were tried together and they appeal jointly.

Jenkins and Warner were arrested on the morning of March 17, 1965. Earlier, the police discovered the victim of an apparent homicide in a junkyard in Wilmington; death had occurred during the previous night. The arrests were made because police had found Jenkins and Warner loitering near the junkyard the prior evening.

Although the jury…