Radke v. State

Plaintiffs in error, Gottfried Radke and Reinholdt Radke, hereinafter called defendants, were jointly informed against with Jacob Roesler for the murder of Mattius Kempf, jointly tried and convicted of manslaughter in the first degree, and each sentenced to imprisonment in the penitentiary at McAlester for a term of four years. To reverse the judgment rendered, they prosecute this appeal.

The uncontradieted evidence is: That the deceased came to his death from a blow struck upon his head which fractured his skull. The blow was inflicted with a heavy blunt instrument. The other material…