State v. Chavez

The defendant, Enrique Chavez, was convicted of the crime of murder in the second degree and sentenced to a term in the state prison. He appeals from the judgment and from an order denying him a new trial. The sole contention is that the judgment is contrary to law in that the evidence adduced warrants a verdict of guilty of no greater crime than manslaughter.

In support of this contention defendant relies solely upon State v. Kuum, 55 Mont. 436, 178 Pac. 288, wherein a judgment of conviction of murder in the second degree was reversed. In that case the evidence clearly disclosed that the…