James Edward Pointon v. State Indiana

On October 14, 1976, appellant James Edward Pointon was convicted by jury in LaPorte Superior Court No. 2, of murder in the first degree, felony murder, and rape. He was sentenced to life imprisonment on each count of murder and twenty-one years imprisonment on the rape conviction. We note at the outset of our consideration of this appeal that this cause involves the homicide of one individual. Therefore, the trial court could not impose a sentence on both counts of murder. Franks v. State, (1975) 262 Ind. 649, 323 N.E.2d 221. We remand this cause with instructions to vacate the judgment and sentence for felony murder.