State v. Allen

BUDGE, C. J.'

Appellant was charged with first degree murder, was tried, and convicted of second degree mur der. This appeal is from the judgment and from an order overruling a motion for new trial.

There is, throughout, a conflict in the testimony. Briefly stated, the material facts are that appellant and deceased were, and had been for several years, roomers at the residence of Gertrude McCaleb in the city of Pocatello. On the afternoon of January 1, 1933, at the McCaleb residence, appellant and the deceased engaged in an argument. It appears that appellant had been at the home of Mrs. Brooks…