State v. Spencer

PORTER, Chief Justice.

On October 14, 1951, in Clearwater County, appellant shot and killed one Robert B. Kinzer. He was thereafter informed against for the crime of murder in the second degree. At the trial of the cause the jury brought in a verdict of guilty. Judgment of conviction was entered and a motion for new trial denied. Appellant appeals to this court from the judgment and from the order denying his motion for new trial.

Appellant is about 60 years of age. Since the year 1934 he has lived with his wife on a small ranch, having three or four acres of cleared land, located on Whiskey…