State v. Erving

The opinion of the court was delivered by

Gordon, J.

The appellant was tried in the superior court of Island county on the charge of murder in the first degree, found guilty of murder in the second degree, and sentenced to imprisonment in the penitentiary for the period of twenty years. Prom the judgment of conviction he has appealed. The motion of the prosecuting attorney to dismiss the appeal and the further motion to strike the statement of facts are considered by the court to be without merit and they are therefore denied.

There are but three assignments of error to be considered in this…