State v. Stone

Lloyd E. Stone was indicted for the murder, in the first degree, of Gustave Dietmeyer; was convicted, upon trial, of manslaughter; was sentenced to ten years' imprisonment, and prosecutes this appeal. The cause will have to be remanded; but first:

[1] We are not, and we think defendant's counsel is not, impressed with the contention the State failed to make a case. Defendant stood upon his demurrer at the close of the State's evidence. Gustave Dietmeyer was sitting on a stool at the bar of a tavern. Defendant came in, remained for a few minutes, and departed. About ten or fifteen minutes later…