State v. Kelly

The opinion of the court was delivered by

Bxjrch, J.:

Raymond Kelly was charged with murder in the first degree for the willful, deliberate and premeditated killing of J. Harry Eerril on October 5, 1929. Kelly was convicted of murder in the second degree — that is, murder committed purposely and maliciously, but without deliberation and premeditation — and appeals.

*358FerriPs house and farm buildings were a few yards north of the Kansas-Oklahoma state, line, and a few yards east of a north- and-south public road extending into both states. Kelly lived about a mile south of the Ferril place, and had…