State v. Colbert

The defendant was convicted of murder in the second degree. From the judgment and an order denying his motion for a new trial he has appealed.

The evidence introduced by the state showed that on the evening of December 5, 1918, the defendant and his brother were standing on the north side of East Park Street near its intersection with Thornton Avenue, in the city of Butte, when Patrick Foley, the deceased, came walking toward them. When he had approached to within twenty or twenty-five feet, the defendant, without apparent.cause or reason, drew an automatic pistol from his pocket and shot him.…