Defendant-appellant Betty Ann Riggenbach was charged in Allen Circuit Court, in a two-count information, with first degree murder (Count I), Ind. Code § 35-13-4-1 (Burns 1975), and accessory before the fact: murder in the first degree (Count II), Ind. Code § 35-1-29-1 (Burns 1975). She was tried to a jury. After the presentation of all the evidence, the prosecution moved to dismiss Count I. The trial court granted this motion. The jury found the defendant guilty of the lesser included offense of second degree murder. This appeal follows.
