State v. Dunlap

BAUM, District Judge.

Appellant appeals from judgment of conviction of the crime of second degree murder, and from an order denying his motion for a new trial. The information charges the appellant with the crime of murder in the first degree. There was evidence before the jury tending to establish the following facts:

The appellant and deceased, C. A. Russell, were neighbors. On the morning of April 30, 1922, the deceased discovered that his cows were gone. Deceased’s daughter Madeline, a girl fifteen years of age, located the cows at appellant’s place, where •appellant was holding them for…