State v. Pearce

■The opinion of the court was delivered by

Johnston, C. J.:

George L. Pearce shot and killed J. 1. Silvey, and in a prosecution which followed he was convicted of murder in the first degree. In this appeal he insists that error was committed in selecting the jury and in the admission of evidence.

Appellant and Silvey lived in the same neighborhood, and Pearce had considerable unfenced leased land upon which Silvey’s horses, had grazed without the consent of 'Pearce. There had been some negotiations between them to the effect that Silvey should pay the taxes on the land for the privilege of using…