State v. Clyde

OPINION OF THE COURT BY

MIZUHA, J.

Defendant-appellant was convicted of murder in the first degree and as required by R.L.H. 1955, § 291-5 (Supp. 1961), sentenced to life imprisonment not subject to parole.

Defendant and the deceased, Ruperto Canto, had had several altercations prior to the date of the murder. On December 28, 1961, defendant broke into a friend’s, apartment and took a twelve gange shotgun without permission and then drove to Canto’s apartment. He walked into the Canto apartment with a jacket covering an object, “shook the jacket off the shotgun,” pointed the shotgun at Canto and…