WHITE, J.
Defendant, James A. Gossett, was jointly indicted with one, Clifford R. Duncan, on April 4, 1970, as follows:
"That Clifford R. Duncan and James A. Gossett, on or about the 20th day of March, 1970, at the county aforesaid, unlawfully, purposely, and of deliberate and premeditated malice, killed Jerry Wayne Thomas (R. C. 2901.01)."
Not in evidence but a matter of interest, on January 15, 1971, a jury returned a verdict of guilty of murder...
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