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STATE v. FARMER

No. 32602.

156 Ohio St. 214 (1951)

THE STATE OF OHIO, APPELLEE, v. FARMER, APPELLANT.

Supreme Court of Ohio.

Decided November 14, 1951.

Attorney(s) appearing for the Case

Mr. C. S. DeMint, prosecuting attorney, and Mr. Charles H. Wilson, for appellee.

Mr. Emory F. Smith and Mr. Ernest G. Littleion, for appellant.

TAFT, J.

Section 12400, General Code, reads:

"Whoever, purposely, and either of deliberate and premeditated malice, or by means of poison, or in perpetrating or attempting to perpetrate rape, arson, robbery or burglary, kills another is guilty of murder in the first degree and shall be punished by death unless the jury trying the accused recommend mercy, in which case the punishment...

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