State v. Storm

MR. JUSTICE FREEBOÜRN:

This is an appeal by John Loy Storm, defendant and appellant, from a judgment of conviction of murder in the second degree, under which he was sentenced to serve 20 years in the state prison.

The facts of the case are stated in State v. Storm, 125 Mont. 346, 238 Pac. (2d) 1161, wherein a new trial was granted.

Herbert (Chub) Hay, a witness for the prosecution who testified in the first trial, did not take the witness stand in the second trial. In his absence, and over the defendant’s objection, the prosecution read his testimony to the jury sitting in the second trial. The…