They spent the rest of the night in the car. He then placed her in the car and attempted to leave but discovered his car was stuck. Thereafter she attempted to flee and he stabbed her in the back with a knife. He then led her from the car and raped her. After approximately twenty minutes the defendant parked the car and released the girl from the trunk. He then drove from the scene of the shooting. The defendant then forced her to get into the trunk of the second car. After the second shot the occupant of the second car approached Joe Lyles' car and told the girl to get out of the car or he would kill her. Having left his car Joe Lyles reentered his car, at which time a shot was fired from the second car, followed by a second shot. Observing that a headlight of the second car was unlit, Joe Lyles informed the driver of the condition. Someone from the second car yelled out the window and asked if they had seen a certain car go by. After being parked for about ten to fifteen minutes a car pulled in behind their car. On July 27, 1968, Burl Lyles, nicknamed Joe, accompanied by a female companion, at approximately 10:30 p.m., left a softball game they had attended and proceeded to a rural road where they parked. The jury found the defendant guilty of first degree murder and assessed the penalty to be death.īriefly, the facts relative to the issues presented in this case are as follows.

Defendant pleaded not guilty to the charge and specially pleaded that he was of unsound mind at the time the crime was committed.

Gen., for appellee.ĭefendant was charged in Huntington Circuit Court with the crime of first degree murder venue of the cause was changed to Grant Circuit Court.

1939 by Chuck F. Adams