State v. Heaston

The defendant was convicted by a jury in the district court of Beaverhead county in the fifth judicial district of first degree murder. This is an appeal from the judgment, and from the order denying defendant’s motion for a new trial.

On July 24, 1939, the defendant was living in a certain dwelling house at Wise River, Beaverhead county, Montana. On that day Joseph Potts came to visit at the residence of his daughter, Mrs. Martin, in Wise River. The Heaston residence and Martin residence were some sixty feet apart. Potts claimed title to the old townsite of Wise River and also claimed…