The Appellant, Luciano Monserrate, was on May 12, 1967, jointly indicted with Luis Antonio Montes and Geraldo Torres Resto for the first degree murder of one Sharon Diane Potts, age nineteen. Resto was granted a separate trial and Montes was tried jointly with the Appellant. Co-defendant Montes, who was sixteen years of age at the time of trial, was found guilty of manslaughter and was sentenced to the Indiana Reformatory for a period of not less than two nor more than twenty-one years. The Appellant was convicted of the crime charged and was sentenced to death. Upon appeal to this court, this judgment of the trial court was reversed and the cause was remanded for a new trial. Monserrate v. State, (1971) 256 Ind. 623, 271 N.E.2d 420.
