Fahnestock v. State

Edward Fahnestock, the appellant, was indicted for murder, in the first degree, in killing John Clifford.

Plea, not guilty. The issue was tried by a jury, who returned a verdict of guilty of murder in the first degree, and that he suffer death. Motions for a new trial and in arrest of judgment were overruled and excepted to, and judgment on the finding of the jury.

Several errors are assigned as reasons for the reversal of the judgment of the Circuit Court, which will be considered in the order in which they are presented in the record.

1. The court overruled the defendant’s motion to quash the…