State v. Ryan

The opinion of the court was delivered by

Smith, J.:

In this case the defendant was convicted of murder in the second degree, and appeals.

The defendant shot and killed Ernest Penny. He made the plea of self-defense. He was living in Atchison with a woman who was not his wife, but whom he married some time between the killing and the trial. On the day of the homicide the deceased with two *734other men came to the home of defendant. Their story was that they came there to buy a drink. One of them testified that he had bought liquor there in the past. Defendant denied this.

At the time the three men…