State v. Laughlin

Appellee was indicted, tried by jury, and acquitted upon a charge of murder. This appeal was taken upon a question reserved by the State under section 286 and clause three of section 325 of an act concerning *67public offenses (Acts 1905, pp. 584, 647, 656, §§2162, 2211 Burns 1908).

By the record it is made to appear that upon the trial it became a material question whether the deceased was killed by appellee, as charged, or that one Kennedy struck the fatal blow. The State on its behalf called Elmer Yoirol as a witness, who testified that he heard a conversation between appellee and the…