State v. Cosby

OPINION

By SKEEL, J:

This appeal comes to this court on questions of law from the Court of Common Pleas of Cuyahoga County. The judgment of the trial court was entered on the decision of three judges of guilty of murder in the first degree. The judges did not recommend mercy.

Raymond George Mack, a shoe salesman for the Thom McAn’s Shoe Store, located at 10417 St. Clair Avenue, was shot and killed at about two-thirty in the afternoon of October 10, 1958. There is no controversy but that the death was occasioned by the discharge of a revolver then held in the hand of the defendant. There is…