...consideration here provides: "Whoever, being of sound memory and discretion, kills another purposely, either of deliberate and premeditated malice or by...or in perpetrating or attempting to perpetrate any offense punishable by imprisonment in the penitentiary, or without purpose so to do kills another in...

...of 1877 (74 Ohi» L. 244, § 1 ; Rev. Stat. § 6808), which provides that, " whoever purposely, and either of deliberate and premeditated malice, or by...murder in the first degree, and shall suffer death." The defendant pleaded not guilty, and at his request the court appointed EA Guthrie and Walter Granger...

...recommendation." The Ohio statute, touching upon that subject, is as follows: "Sec. 12400. Whoever, purposely, and either of deliberate and premeditated malice, or by...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...

...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...

...was in furtherance of the conspiracy. Revised Statutes, § 6808, provides that whoever purposely, and either of deliberate and premeditated malice, or by means of poison, or perpetrating, or attempting to perpetrate, any rape, arson, robbery or burglary kills another, is guilty...

...justify a conviction under this section for murder in the first degree because of a homicide committed "in perpetrating or attempting to perpetrate any rape, arson, robbery or burglary," it must appear that there was such actual legal relation between the killing and the felony committed...

...chief to show that she poisoned B., in the month of August previous. (Farrer v. State, 2 Ohio St. 54.) In perpetrating, or attempting to perpetrate, any rape, arson, robbery, or burglary. — In the case of homicide which occurs in the perpetration, or attempt to perpetrate, any rape, arson,...

...was in furtherance of the conspiracy. Rev. Stats., sec. 6808, provides that whoever purposely, and either of deliberate and premeditated malice, or by means of poison, or perpetrating, or attempting to perpetrate, any rape, arson, robbery, or burglary, kills another, is...

...than two nor more than twenty-one years. Rev. Stat. (1877), 322. In Ohio, " whoever purposely, and either of deliberate and premeditated malice, or by...burglary, kills another, is guilty of murder in the first degree." It was held in Fouts t'. State, 8 Ohio St. 98, and affirmed in subsequent cases, that the...

...the code on which said indictment was predicated is as follows: Sec. 12400. Whoever, purposely, and either of deliberate and premeditated malice, or by...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...