State v. Cerar

*211The defendant, hereinafter called appellant, was convicted in the district court of Carbon county, Utah, of the crime of murder in the first degree, was sentenced to be executed, and appeals from the judgment.

The evidence relating to the acts constituting the alleged murder is singularly free from conflict and is quite brief. The evidence, in .substance, shows that appellant and one Masser, both Austrians, came to this country more than 30 years prior to the alleged murder. They first met in the state of New York, and from thenee went to Cleveland, Ohio, and from thence came to Utah. At the…