Smith v. State

RAPER, Justice.

Appellant-defendant was found guilty by a jury in the district court, of second degree murder in violation of § 6-55, W.S.1957, and sentenced to a penitentiary term of not less than 20 nor more than 40 years. On appeal, defendant raises seven separate issues which, for the purposes of disposition, can be consolidated into five questions:

1. Did the trial court err in refusing to remove case from consideration by the jury and direct a verdict of acquittal or manslaughter?

2. Did the trial court err in refusing to admit psychological testimony concerning defendant’s state of mind…