Ex Parte McKay

OPINION

By the Court,

Ducker, J.:

The petitioner, Ladell McKay, on the 25th day of January 1945 was convicted in the Second judicial district court of the crime of murder of the first degree, by the killing of one Robert L. Flindt. The jury before whom he was tried did not in their verdict fix the punishment and the trial court, on the 7th day of February 1945 pronounced judgment and sentence of death upon petitioner and placed him in the custody of the warden of the state prison where he now remains. He appealed from said judgment and from the order denying his motion for a new trial, and the…