State v. Kopetka

Murphy, Justice.

This is an appeal from a judgment of conviction of murder in the third degree. The only question presented as stated in the appellant’s brief is, “Does the indictment state facts sufficient to constitute murder in the third degree?”

Before discussing the indictment some reference should be made to the facts which appear in the record. The defendant, Charles T. Kopetka, at the time the offense was committed, was employed by a poultry firm to viscerate chickens. He had been estranged from his wife and was living apart from his family, which included four children. They resided…