State v. O'NEAL

The opinion of the court was delivered by

Fromme, J.:

Linvil “Red” O’Neal was convicted of second degree murder for shooting Jack Maples with a shotgun on October 23, 1967. The defendant waived a jury and was tried before the court. This is a direct appeal.

The defendant presents two specifications of error. The first relates *227to the admission of evidence. The second concerns the sufficiency of the evidence. A summary of the trial evidence follows.

The defendant and three other persons had been staying at a farm house located in Johnson county. The men had been cutting firewood to sell in…