State v. Jella

The opinion of the court was delivered by

Hutchison, J.:

The defendant in this case «appeals from the conviction of and sentence for murder in the first degree, assigning two errors: one as to the instructions given, and the other in overruling his motion for a new trial on the ground of newly discovered evidence.

The defendant was charged in the information with the willful, deliberate and premeditated killing of one Glen Curtis. After the introduction of evidence tending to show that the defendant had shortly prior to the killing unlawfully and feloniously taken money from the cashier of the…