State v. Van Wormer

The opinion of the court was delivered by

Mason, J.:

On July 22, 1916, at Rolla, in Morton county, Don Van Wormer shot and killed Martin C. Moore, the sheriff. He was convicted of murder in~the first degree, and appeals.

At about six o’clock in the afternoon of the day of the homicide the defendant was in his real-estate office, which was also his residence, with several friends. The sheriff c(ame to the office with the purpose (according to his own later declaration) of arresting him upon the .charge of having wounded one Lewis Perkins by shooting him, Perkins appearing to have been shot in the…