State v. Murphy

The opinion of the court was delivered by

Hoyt, C. J.

Defendant was charged with the crime of murder in the first degree. A trial was had which resulted in a verdict of guilty of murder in the second degree. From the judgment rendered upon such verdict appeal was taken to this court, where the judgment was reversed and the cause remanded. When the cause was again called for trial, defendant interposed a plea of former acquittal of murder in the first degree, and asked to be put on trial for murder in the second degree. The state answered the plea, and, upon demurrer of appellant, the superior…