State v. Mitchell

HENRIOD, Justice.

Appeal from a second-degree murder conviction. Affirmed, but remanded for *72re-sentencing to a term certain instead of to an indeterminate term, which latter sentence in this case was faulty but correctable.1

In view of the verdict in this case, the following condensed narrative may be charged against defendant in sustaining his conviction:

Defendant and the deceased had been coworkers in the Blackfoot, Idaho potato fields. Twice, about October, 1952, defendant had pawned and redeemed a .25 calibre pistol. On October 26, after a dice game altercation and immediately after a shot…