State v. Hunter

BUDGE, C. J.,

Dissenting. — Appellant, charged with first degree murder, was convicted of second degree murder and appeals from such judgment. A recitation of all the facts appearing from the record will not be undertaken. It appears, however, that the deceased and one Peterson visited the Downing farm upon which appellant was engaged in driving a potato digger. Appellant left his work and went over approximately one hundred feet to where deceased and Peterson were engaged in conversation with Mr. Miller and Mr. Downing and addressed deceased in violent and abusive language. Deceased…