State v. Cushinberry

The opinion of the court was delivered by

Thiele, J.:

Paul Cushinberry, Jr., was tried on an information charging him with an attempt to commit murder in the first degree. The jury returned a verdict finding him guilty, and his motion for a new trial having been denied, he was sentenced to confinement in the state penitentiary. In due time he perfected his appeal to this court, specifying error in the particulars later discussed.

A summary review of the evidence is necessary in view of the contentions of the appellant.

Ira Coleman testified he was a night watchman at a quarry and at 12:00 a. m.…