State v. Myers

The opinion of the court was delivered by

Thiele, J.:

Percy Joseph Myers was charged with the crime of murder in the first degree, was convicted of murder in the second degree, and has appealed to this court. The parties will be referred to as they appeared in the lower court.

Before taking up defendant’s contentions that he did not have a fair trial we summarize the facts disclosed by the abstract and counter abstract filed in this court.

On the night of August 1,1951, defendant Myers, who is a colored man, and an acquaintance Wierzbicki, who is white, and who were acquainted with each other,…