RUTHERFORD, P. J.
An automobile collision, at approximately 10:30 p. m. on State Route 44 in Stark County, Ohio, resulted in the instant death of Philip Romano. Thereafter, Jerry Anderson, age 29, and Harold Butler, age 22, were jointly indicted by the Stark County Grand Jury. The indictment, which charged murder in the second degree, alleged:
"* * * that Harold Butler and Jerry Anderson * * * did purposely and maliciously kill Philip Romano * * *."
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