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FAIRMONT -
Marion County Judge Michael Aloi has denied a motion for acquittal in the case of a Marion County man accused in a robbery turned homicide.
In December, a jury convicted William Horton, 29, of conspiracy, acquitted him of kidnapping and was unable to reach a verdict on robbery and burglary charges.
Prosecutors said Horton was the lookout in a 2010 robbery that resulted in the death of one of the robbers, John Cottingham.
The defense asked Judge Aloi to acquit Horton on the robbery and burglary charges because of a lack of evidence.
Aloi denied the motion and the state said it plans to re-try Horton on those four counts.
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