State v. Foley

The defendant was charged, by information, with the crime of murder in the first degree, and upon a trial by a jnry was found guilty of the. crime of manslaughter. From a judgment on the verdict, defendant has appealed.

On September 6, 1932, in the forenoon, one Dana Elkins, while in a house of ill fame, was shot and mortally wounded by a person using a 38-40 calibre revolver. Elkins died the next day.

According to the state’s evidence, appellant had come to the house referred to at about seven o’clock in the morning and had engaged an inmate of the place, one Betty Hayes, to have sexual…