State v. Nixon

The opinion of the court was delivered by

Marshall, J.:

The defendant was tried for the murder of Arthur C. Banta, was convicted of murder in the first degree, and appeals.

1. Complaint is made of the admission of the evidence of R. C. Russell, an attorney at law. The defendant contends that the evidence of Russell was admitted in violation of the fourth subdivision of section 321 of the code of civil procedure, which in part reads:

“The following persons shall be incompetent to testify: . . . Fourth, an attorney, concerning any communications made to him by his client in that relation, or his…