State v. Diebolt

The opinion of the court was delivered by

Allen, J.:

The appellant was convicted in the district •court of Doniphan county of murder in the second degree, and sentenced to confinement in the penitentiary for 10 years. There is very little conflict in the evidence. The. important facts, as testified to by the witnesses for the state, are as follows : The defendant is a boy about 17 years old, who resided with his mother on a farm, a short distance from Denton, in Doniphan county. A party of young men, on the evening ■of September 8, 1893, went into a melon patch on the Die-bolt farm, with the…