Shamberger v. State

On defendant’s challenge it appeared that one Alexander, called as a juror, was a .brother of defendant’s deceased wife, and that she had left surviving her a daughter. The rule is that, if the marriage has resulted in issue who is still living, the relationship by affinity continues. 2 Corpus Juris 379. The state’s challenge was properly allowed. Code, § 8610, subd. 4.

Defendant was indicted, along with two others, for the murder of Berry Brown and was convicted of murder in the second degree. A severance was ordered. James Turner, an old negro, who lived on defendant’s place, testified for…