Newsome v. State

Ed. F. MgFaddiN, Justice.

Appellant, indicted for murder in the first degree 1 for the homicide of Richard Bishop, was convicted of murder in the second degree; 2 and brings this appeal. The motion for new trial'contains five assignments which we discuss in two topic headings.

I. Sufficiency of the Evidence. Assignments 1, 2 and 3 present this issue. • Richard Bishop and his wife lived in a three-room house several miles from Helena. Some time before noon on November 22, 1947, they went to Helena in a truck in company with Bob Hill, Mary Ellen Jackson, the appellant, and several others. Beer or…