State v. Spears

OPINION

A charge of first degree murder was filed against the defendant, Elmo Dempsey “Johnny” Spears; and a jury in Big Horn County on June 11, 1954, found him guilty of murder in the second degree, adding to their verdict the longhand notation of their foreman, “Because of extenuating circumstances, the jury recommends leniency.” The court sentenced the defendant to a term of twenty to twenty-five years in the penitentiary and from this verdict and judgment, the defendant appeals.

The evidence is undisputed that the defendant fatally shot Raymond Bookout in the abdomen with a .38 Colt police…