State v. Brotherton

HYDE, Presiding Judge.

Defendant appeals from conviction for second degree murder and sentence of 15 years in the penitentiary. Defendant claims error in refusing to direct verdict for him, in rulings on evidence and instructions, in reprimanding him on the witness stand, and in refusing a new trial on the ground of newly discovered evidence.

Deceased, Ernest Bach, proprietor of Spring Lake Tavern, was shot and killed while standing behind the bar in his tavern in Bollinger County. The only persons on the premises at the time were defendant, who was employed by deceased as a caretaker or…