State v. Bertchey

The opinion of the court was delivered by

GüMMEKE, Chief Justice.

The defendant below was indicted for and convicted of the murder of one Frank Janow-ski. The record and the proceedings at the trial are before this court for the purpose of reviewing certain rulings of the trial court on questions of evidence and certain instructions delivered by the court to the jury.

The case made by the state showed that the killing of Jan-owski occurred under the following circumstances: About nine o’clock on the night of December 29th, 1908, the defendant burglariously entered one of the rooms of the Hotel…