State v. Sullivan

— The defendant was charged by county attorney’s information with the crime of murder, as defined by section 12910 of the Code, 1939. He entered a plea of guilty. The court heard testimony for the purpose of determining the degree of tlie offense, found the defendant guilty of murder in the first degree and sentenced him to death by hanging. From such sentence and judgment, the defendant appeals.

Appellant asserts that, although there was a plea of guilty to murder, no substantial evidence or testimony was offered at the hearing to show that he was guilty of first degree murder and that the…