State v. Stewart

The opinion of the court was delivered by

Robb, J.:

This is a criminal prosecution wherein the defendant was charged with murder in the first degree and was convicted of murder in the second degree, from which conviction defendant appeals.

The record in the case, the trial of which took a week, has been condensed by counsel to a great extent. We will summarize the facts and record even more so as to avoid making this opinion any more voluminous than is necessary and yet present all issues clearly.

At the outset we wish to state that the specifications of error in this appeal do not appear in…