State v. Smithson

OPINION

By the Court,

Coleman, J.:

The defendant was convicted of the crime of murder. He has appealed from the judgment and the order denying him a new trial.

The facts, briefly stated, are these: The defendant, who was the owner of the Palace Club, about 4:30 in the morning of January 10, 1932, with others, was engaged in target practice with a pistol, within the club. H. D. Long, known by defendant to be a peace officer, learning of the incident, went into the place and inquired of the defendant what was going on. He demanded the pistol used, admonished defendant, and started out. On the way…