State v. Fisk

TAYLOR, Justice.

Defendant (appellant) Arnold W. Fisk was convicted by verdict of a jury of murder of the second degree, adjudged guilty, and sentenced to a term of not to exceed 15 years in the state penitentiary.

The conviction and judgment arose out of the shooting death of Fisk’s mining partner Jack Donnelson at the Poor Boy mine two miles east of Pearl, Idaho, on the evening of March 16, 1967. It is uncontroverted that Donnelson died that night as the result of a wound in the head inflicted by a .22 caliber bullet fired from a rifle by defendant.

Defendant made numerous oral and written…