State v. Gunter

Kenna, President:

Hobart Gunter was convicted of murder in the second degree and the Circuit Court of Wyoming County, by an order entered July 23, 1940, sentenced him to confinement in the penitentiary for the indeterminate term as pro vided by law for murder in the second degree. There are six grounds of assigned error, the first of which is that the verdict is contrary to the law and the evidence in that there is no showing of fact that would uphold a finding that the killing was done maliciously. Since the testimony concerning the actual occurrence is in irreconcilable conflict, it is…