Opinion
Submitted January 2, 1968
Decided January 10, 1968
Motion by appellant Miller to amend remittitur granted. Return of remittitur requested and, when returned, it will be amended by adding thereto the following: Upon the appeal herein there were presented and necessarily passed upon the following questions under the Constitution of the United States, viz.: Whether defendants were denied a full and adequate appeal of their convictions, in violation of equal protection of law; whether defendants were convicted for a crime for which they were not indicted, in violation of due process of law; whether the admission of a revolver into evidence deprived defendants of a fair trial; whether defendants' privilege against self incrimination was violated by the prosecutor's statement to the jury that defendants failed to make admissions while under arrest, and whether defendants were deprived of a fair trial by the Trial Judge's allegedly improper mode of charging the jury on the questions of identification. The Court of Appeals considered these contentions and held that they were without substance and that none of defendants' constitutional rights were violated.