Nunez v. State

delivered the -opinion of the court.

Appellant, John C. Nunez, was convicted in the District Court of Washakie County of second degree murder and sentenced "to a penitentiary term of not less than 20 nor more than 25 years. He appeals to this court, claiming (1) the state failed to prove a punishable crime, and (2) the evidence in any event was insufficient to sustain a verdict of second degree murder.

It is not disputed in the case that defendant-Nunez and Kenneth McCullum were in .a bar at Worland, Wyoming, on November 5, 1961; that they had some argument; •and that the argument led to a fist…