State v. Walsh

HONORABLE' JOSEPH R. JACKSON, District Judge,

sitting in place of MR. JUSTICE RANKIN, disqualified, delivered the opinion of the court.

Defendant, convicted of murder in the first degree and sentenced to hang, appeals from the judgment.

On the night of June 26, 1923, Albert S. Johnson,.a storekeeper at Renova, was shot through the throat by someone outside the house; the bullet having gone through the edge of a screen door and also through a closed wooden door before it found its victim. Shortly afterwards Johnson died in a Butte hospital from the effect of the wound.

At the trial it developed…