People v. Phelan

The defendant was convicted of murder in the second degree, but recommended by the jury to the mercy of the court. He was sentenced to be imprisoned for twenty-five years, and appeals from the judgment and from an order denying him a new trial.

Various errors are assigned upon the rulings of the superior court, misconduct of the district attorney is charged, and it is also contended that the evidence adduced at the trial was entirely insufficient to warrant or sustain the verdict.

The voluntary killing was admitted by the defendant, but the claim was made that it was done in necessary…