State v. Baratta

Defendant was accused by grand jury indictment of the crime of murder in tbe first degree. Upon tbe trial the court withdrew the charge of first-degree murder and submitted to tbe jury the included offenses of murder in the second degree and manslaughter. A verdict finding defendant guilty of second-degree murder was returned, and judgment *1311entered accordingly. Defendant, by his appeal, raises several questions of alleged error.

The indictment charges the commission of the offense on the early morning* of June 10, 1950. The defendant was the owner and operator of a tavern in the city of Des…