Frank v. State

The plaintiff in error was convicted of murder in the second degree for having shot and killed Joseph Yachuta, a boy fifteen years of age, on the evening of April 13, 1895, and to reverse that judgment he sues out this writ of error. There is evidence in the record tending to prove that Frank did not, at the time, intend to kill the boy, but that he did kill him while attempting to shoot and kill one James Polivka; that Frank and Polivka were .both farmers, having adjoining farms, and had, for some weeks prior to the shooting, been having trouble over a line fence; that each had threatened to…