State v. Brown

Beals, G. J.

The prosecuting attorney of Yakima county hy information charged defendant, John Brown, with the crime of murder in the first degree, committed by shooting one Ubale Desallier on or about the seventh day of September, 1932. Defendant pleaded not guilty, and in due time the case proceeded to trial before the court and a jury.

At the close of the state’s case, defendant moved the court as follows: (1) to withdraw from the consideration of the jury the charge of murder in the first degree; (2) to withdraw from the consideration of the jury the charge that the defendant was guilty of…