State v. Doan

Thomas Gallagher, Justice.

On October 4, 1945, defendant was convicted of murder in the second degree. This is an appeal from the order denying his motion for a new trial.

On appeal, defendant asserts (1) that the evidence was not sufficient to sustain the verdict; and (2) that the trial court erred in giving certain supplementary instructions to the jury after the case had been submitted and after the jury had reported to the court and inadvertently disclosed to it that it stood seven to five for conviction.

About 5:10 a.m on June 6,1945, fire was discovered in defendant’s farm home, near…