State v. Gray

The defendant was indicted for murder in the first degree for killing one A. M. Halgarth, in March, 1903. He was convicted of manslaughter, but upon appeal the judgment was reversed: *25State v. Gray, 43 Or. 446 (74 Pac. 927). He was retried and again convicted of the same crime, and from the judgment entered thereon he brings this appeal.

There was evidence for the State tending to show that, on the morning of the killing, the' defendant, accompanied by his son Wade, a lad -about fourteen years of age, was going along the public highway by the deceased’s house on his way to the neighboring…