State v. Scott

John Scott, defendant and appellant herein, was charged with murder in the perpetration of, or attempt to perpetrate, a robbery under section 28-401, R. R. S. 1943; and with shooting with intent to kill, wound, or maim under section 28-410, R. R. S. 1943. A jury found the defendant guilty as charged, and his motion for new trial was overruled. He has appealed from his convictions to this court, contending that the District Court erred, in failing to grant his motions for a mistrial and a directed verdict, and in failing to instruct the jury properly with respect to the issue of whether he…