State v. Johnson

Stevens, J —

-I. The indictment charges the defendant with the crime of mnrder in the first degree. The evidence shows that, sometime after 9:30 o’clock on the evening of December 23, 1927, the defendant shot and killed his-wife, and immediately thereafter shot himself, inflicting a serious wound in his right chest'.

At the close of the evidence, the defendant moved the court to withdraw the charge of murder in the first degree, upon the ground that the evidence was insufficient to convict the defendant thereof. The motion was overruled, and of this ruling the defendant now complains. The…