State v. Deboard

Maxwell; Judge :

Okey DeBoard, convicted in the Intermediate Court of Kanawha County of second degree murder of Leo Fizer and sentenced to fifteen years’ penitentiary confinement, prosecutes this writ of error to the circuit court’s affirmance of the trial court’s judgment.

The homicide occurred shortly before midnight, June 26, 1936, in a beer garden and dance hall operated by George Gu^t in the City of Charleston. The defendant was employed by Gust to keep order in the establishment and was on duty the night of the affray. By reason of his employment, the defendant had been granted by the…