State v. Gilbert

WATSON, Chief Justice.

Appellant shot and killed Constantino-Garde in Lincoln county. The venue was changed to Dona Ana county, where he was tried and convicted of murder in the second degree.-

The deceased had been a sheep owner. But, being in default under a mortgage, he had turned the sheep over to a bank in satisfaction of the debt; retaining for a few months an option to repurchase them. In the meantime the bank engaged pasture for them on a ranch owned by appellant’s father, but practically managed by appellant. The deceased was engaged at a stated monthly wage to care for the sheep, and…