Gillis v. State

GARDNER, Chief Justice.

The appeal is from a judgment of conviction for murder in the first degree with infliction of the death penalty. The deceased, Richard Rylee, about one o’clock in the morning of May 13, 1939, was shot in the abdomen and died a few days thereafter. Several witnesses identified this defendant as the one who with a pistol fired the fatal shot. Defendant did not take the stand, but the proof he offered; was for the purpose of disclosing he was not present on this occasion and that it was a matter of mistaken identity. A jury question was thus clearly presented, and there…