State v. Wimer

The opinion of the court was delivered by

West, J.:

The defendant was convicted of murder in the first degree, and appeals upon the grounds urged in his brief, that the information did not charge nor the evidence prove such offense, that the court erred in the instructions, in the ad*355mission and rejection of testimony and in denying a continuance. These will be considered in their order.

The charging part of the information, of which the defendant complains, is that—

“One E. B. Wimer did then and there unlawfully, willfully, feloniously, purposely, and of deliberate and premeditated malice, kill…