Brown v. State

Rogosheske, Justice.

Appeal from an order of the district court denying a petition for postconviction relief. On August 24, 1937, petitioner was indicted for the first-degree murder of one Samuel Brolin. On October 12, 1937, the jury returned a verdict of guilty of the lesser included offense of murder in the second degree, pursuant to which petitioner was sentenced to life imprisonment.

On October 21, 1937, petitioner moved for a new trial, alleging, among other things, errors in admitting evidence (including pictures) of his reenactment of the murder at the scene of the crime and in the…