State v. Bozovich

This is an appeal from a conviction of murder in the second degree. The appellant, with one Milton Cháoiisis and some others, were gambling on the afternoon of January 15,1926. Appellant accused Ohaousis of cheating and a fight ensued. Later, when leaving the room, appellant shot Ohaousis four times, killing, him. Appellant was charged with murder in the first degree, and upon trial the jury returned a verdict of second degree murder.

It is urged that a challenge should have been sustained.to .the evidence at the close of the state’s case,.because.there was no evidence that death came from the…