State v. Martin

Defendant was convicted of first degree murder, sentenced to life imprisonment, and he appeals. Three questions are presented for decision. First, alleged error of the court in refusing to give an instruction withdrawing from the jury the question of first degree murder; second, refusal of the court to give a requested instruction on credibility of witnesses; and, third, an exception to certain remarks of counsel for the state in his argument to the jury.

The facts are these: The trial was had in May of 1929, while the homicide was committed November 25, 1922. James Pappacostas, the deceased,…