People v. . Kinney

Hiscock, J.:

The appellant has been cenvicted of murder in the first degree for the alleged killing of one Bouvia at a small hamlet called Jericho, in the county of Clinton, December 29, 1909.

The theory of the prosecution, and in accordance with which the appellant must have been found guilty, was and is that the latter arose very early on the morning of the day in question, went some distance to the house where the deceased lived alone in a sparsely-settled locality, laid in wait and shot him as he came out of his house, thereafter dragged the dead body back .into the house, procured the…